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HomeMy WebLinkAbout551025 OSUMUN INC - CONTRACT - BID - 8063 ARTHUR DITCH MANHOLE RETROFITCity of Fort Collins Purchasing SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St 2" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgor. com purchasing CONTRACT DOCUMENTS FOR ARTHUR DITCH MANHOLE RETROFIT BID NO. 8063 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS FEBRUARY 24, 2015 - 3:00 P.M. (OUR CLOCK) responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. final inspection pursuant to paragraph 14.11. from failure to comply with the Contract Documents or the terns of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents. and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15--SUSPENSION OF WORK AND TERMINATION OWAFR May SkWend Wo71t: 15.1. At any time and without cause, OWNER may suspend the Work or any pardon thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Wart: on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contact Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12 OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance: with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdictiom 15,23, if CONTRACTOR disregards the authority of ENGINEERR or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulatiorts, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, cortshuction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trc.Tx ss or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid VCDCOEM ALCOND1TIOM191a$(199aEoitioa) 32 v/ CITY OFFORTCOLUMMODIFICATIONS(REV412M) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price mweafs all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, ksses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by FNGINEF,R incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 15.3. Where CONTRACTOR's services have been so terminated by OWNER- the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15A. Upon seven days' written notice to CONTRACTOR and FNGR EEK OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Conrad Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall riot be paid on account of loss of anticipated profits or revenue or other economic lass arising out of or resulting from such termination. CONTRACTOR A1ay Snap Work ar Terminate 15.5. Ill through no ad or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER. and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Apr rmem and recover from OWNER Payment at the same tams as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submittal, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be flue, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until yment of all such amounts due CONTRACTOR including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in ExhibitGC-A, 'Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for rmlving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9,12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLEI7—hIISCELLANEOUS Ghing Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls or a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the cornputation. LICDC OENEM COM)ITI ONS 1910-9 (1990 E Itton) Wf aTY OF FORT MW M MODIFICATIONS (REV 44Z000) 172.2 A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim, 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of thin paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of arty applicable statute of limitations or repose.CumuLidhe Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32,13.1, 13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will he as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. PrefeWonal Feev and Court Costs Induded- 17.5. Whenever reference is made to "claims, costs, losses and damages", it sl U include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. �Z�:_II'jl4.l;BX�4f�14_State o . lg���,+pjy�q t�h's Agreement Reference to two Nninent Colorado statutes are as follows 17.6.2. If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the pxtyment of all claims for labor, materials, tam hire. sustenarwe provisions, provender, or other supplies used or consumed by CONTRACTOR or his 33 EXDC UENEP,& CONrnnors 19104 OM E&W) 34 wt CITY OF FORT COLUM SIODIRCAMNS(MV4R000) (This page left blank intentionally.) FJ=GENER& CONDInONS 19105 OM eaum) 35 Wf C1TY OF FORT COMM MODMCATIONS OtEV 42000) MCWOENt KR COMMTIOM 1910-80990 Emtiml 36 w/ CITY OF FORT COLUNS MODIFICATIONS (REV 412000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR II Y' .� ]I �Iv_ 31a OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable tinder the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ISTGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER rerders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3, Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -lay or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or otter matter in question would be barred by the applicable statute of limitations. FJCDC OENERAL CONDITIONS 191 M (199a Edilim) a/ CITY OF FORT COLUM MODIFICA110M (REV W99) 16.4. Except as provided in paragraph 16.5 below, no arbitration ansing out of or relating to the Contract Documents shell include by oprsol lotion joinder or any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which wil arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent arto arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being jointed in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINI:ER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may N- entered upon it in any court having jurisdiction thereof; anti it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters » question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of there initiating against the other a demand for arbitration pursuant to paragraphs 161 through 16 6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty, and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the temrination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. OC-A I EICDCOENERAL CONDITIOM 1910-8 (199OEtilio0) GC -Al WI CITY OF FORT COLLINS MODIFICATIONS (REV 9194) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule Zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment 13.0 SUBMISSION OF BIDS. 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8063 Arthur Ditch Manhole Retrofit CONTRACTOR: Osmun Inc PROJECT NUMBER: 8063 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DA DATE: APPROVED BY: DA Purchasing Agent over $60,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing OWNER: ENGINEER: Section 00960 APPLICATION FOR PAYMENT City of Fort Collins PROJECT: CONTRACTOR: PAGE 1 APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as DATE AMOUNT follows: Original Contract Amount: Net Change by Change Order: Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: e by Change Order $0.00 AMOUNT DUE THIS APPLICATION: ATIO N: signed CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with iav-'peen satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. Amount Due This Application is requested by the CONTRACTOR. By: f the above Amount Due This Application is recommended by the ENGINEER. By: f the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. By: f the above Amount Due This Application is approved by the OWNER. CONTRACT AMOUNTS APPLICATION FOR PAYMENT Work Work Work Completed Completed Completed This Previous To Month Periods Date Unit Description Quantity Units Price Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount Qty $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAGE 2 Stored Materials This Amount Period $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Earned To Date $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.0n $0. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE Work Work Work Completed Completed Completed Stored This Previous To Month Periods Date Materials Total This Earned Unit To Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date $0.00 $0.00 $0.00 $0.� $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF On Hand Received Installed On Hand i Invoice Previous This This This )er Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 INDEX OF SHEETS• 1 TITLE SHEET 2 GENERAL INFORMATION 3 SUMMARY OF QUANTITIES 4 PROSPECT RD. GENERAL LAYOUT 5 PROSPECT RD. REMOVAL DETAILS 6 PROSPECT RD. TOP SLAB DETAILS 7 LANE ST.GENERAL LAYOUT 6 LAKE ST. REMOVAL DETAILS 9 LAKE ST. TOP SLAB DETAILS 10 MISCELLANEOUS DETAILS 11 EXCAVATION MID BACKFILL CITY OF FORT COLLINS PUBLIC IMPROVEMENT CONSTRUCTION PLANS FOR: ARTHUR DITCH MANHOLE RETROFITS AT PROSPECT RD. (PRST-W-CNTR) AND LAKE ST. (LAKE-W-CNTF CITY OF FORT COLLINS JIN WANG, P.E. 281 N. COLLEGE AVE FORT COLLINS, COLORADO (970) 221-5605 MICHAEL BAKER JR., INC. DAVID NEMOVIT2, P.E. 155 S. UNION BLVD. LMTWOOD, COLORADO (720) 514-1100 CITY OF FORT COLLINS, COLORADO Fe'y' a, ARTHUR DITCH MANHOLE RETROFITS - j ENGINEERING DEPT. - CAPITAL PROJECTS mmrsp4 :: TITLE SHEET OF11 111 GENERAL NOTES ALL WORK SHALL BE IN ACCORDANCE WITH THE 2011 COLORADO DEPARTMENT OF TRANSPORTATION (COOT) STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION AND CURRENT LARIMER COUNTY URBAN AREA STREET STANDARDS (LCUASS), AS AMENDED IN THESE PLANS. STATIONS, ELEVATIONS, AND DIMENSIONS CONTAINED IN THESE PLANS ARE CALCULATED FROM A RECENT FIELD SURVEY, FIELD INSPECTION, AND FROM AERIAL IMAGERY. DIMENSIONS ARE SUBJECT TO CHANGE BASED ON CONTRACTOR FIELD VERIFICATION OF ACTUAL EXISTING CONDITIONS. THE CONTRACTOR SHALL VERIFY ALL DEPENDENT DIMENSIONS IN THE FIELD BEFORE ORDERING OR FABRICATING ANY MATERIAL. THE INFORMATION SHOWN IN THESE PLANS CONCERNING THE SIZE AND LOCATION OF THE EXISTING STRUCTURES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE INFORMATION SHOWN IN THESE PLANS CONCERNING THE TYPE AND LOCATION OF UNDERGROUND UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING THEIR OWN DETERMINATION AS TO THE TYPE AND LOCATION OF UNDERGROUND UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO AT 1-800-922-1967 AT LEAST 3 DAYS (NOT INCLUDING THE DAY OF THE NOTIFICATION) PRIOR TO ANY EXCAVATION OR OTHER EARTHWORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR STABILITY OF THE STRUCTURE UNDER CONSTRUCTION. GRADE 60 REINFORCING STEEL IS REQUIRED. ALL REINFORCING STEEL SHALL BE EPDXY COATED UNLESS OTHERWISE NOTED.® DENOTES NON -EPDXY COATED REINFORCING STEEL. CONCRETE IN CONTACT WITH SOIL SHALL MEET THE SULFATE RESISTANCE REQUIREMENTS OF POTENTIAL EXPOSURE CLASS 2. REFER TO SECTION 601, CONCRETE OF THE CDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. BACKFILL SHALL NOT BEGIN UNTIL THE TOP SLAB HAS REACHED DESIGN STRENGTH,Pc. PLAN DIMENSIONS SHOWN ME ALONG A TWO DIMENSIONAL HORIZONTAL PLANE,UNLESS OTHERWISE NOTED. ALL CONCRETE SHALL BE CLASS D (BOX CULVERT), EXCEPT SIDEWALK CONCRETE WHICH SHALL BE CLASS D. CONCRETE COVER OVER REINFORCING STEEL SHALL BE 2 INCHES, UNLESS OTHERWISE NOTED. CONSTRUCTION JOINTS NOT SHOWN ON THE PLANS ARE NOT PERMITTED UNLESS APPROVED BY THE ENGINEER IN WRITING, ALL CONSTRUCTION JOINTS SHALL BE THOROUGHLY CLEANED BEFORE FRESH CONCRETE IS PLACED. UPON COMPLETION OF CONSTRUCTION, THE SITE SHALL BE CLEANED AND RESTORED TO A CONDITION EQUAL TO OR BETTER THAN THAT WHICH EXISTED BEFORE CONSTRUCTION, OR TO THE GRADES AND CONDITION AS REQUIRED BY THESE PLANS. FOR AFFECTED LANDSCAPED AREAS, THE CONTRACTOR SHALL PREPARE A LANDSCAPE RESTORATION PLAN AND CARRY OUT RESTORATION TO THE APPROVAL OF THE CITY. THIS WORK SHALL NOT BE PAD FOR SEPARATELY BUT INCLUDED IN THE WORK. PAVEMENT AND/OR FINISHED GRADE SHALL BE REMOVED AS INDICATED ON THE PLANS AND REPLACED TO GRADE AND CROSS SLOPE TO MATCH EXISTING CONDITIONS. SIDEWALK SHALL BE REPLACED IN ACCORDANCE WITH M-STANDARD PLAN M-608-1 AND SECTION 608 OF THE STANDARD SPECIFICATIONS. ANY DAMAGE OR REMOVAL OF CURB AND PAVEMENT SHALL BE REPAIRED IN KIND, AND SHALL NOT BE PAID FOR SEPARATELY BUT INCLUDED IN THE WORK. MY DAMAGE TO THE EXISTING STRUCTURE BEYOND THAT SHOWN IN THESE PLANS SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY AT NO COST TO THE PROJECT. ALL WORK SHALL BE PERFORMED BETWEEN OCTOBER 15TH AND ARIL 15TH, AND AS APPROVED BY THE DITCH COMPANY. LME CLOSURES WILL BE ALLOWED. NO MORE THAN ONE LANE PER ROAD MAY BE CLOSED AT ANY GIVEN TIME. THE CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL PLANS TO THE CITY FOR APPROVAL PRIOR TO ANY LANE CLOSURES. FULL ROAD CLOSURES ARE STRICTLY PROHIBITED, UNLESS DIRECTED OTHERWISE BY THE CITY. GENERAL NOTES (CONTINUED): THE CONTRACTOR SHALL BE RESPONSIBLE FOR INSURING THAT NO MUD OR DEBRIS SHALL BE TRACKED ONTO THE EXISTING PUBLIC STREET SYSTEM. MUD AND DEBRIS MUST BE REMOVED WITHIN 24 HOURS BY AN APPROPRIATE MECHANICAL METHOD (I.E. MACHINE BROOM SWEEP, LIGHT DUTY FRONT ENO LOADER, ETC.) DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TO BE SCALED FROM ANY DRAWING. IF PERTINENT DIMENSIONS ARE NOT SHOWN, CONTACT THE DESIGNER FOR CLARIFICATION, AND ANNOTATE THE DIMENSION ON THE AS -BUILT RECORD DRAWINGS. WHERE PAVEMENT IS TO ABUT EXISTING PAVEMENT, THE EXISTING PAVEMENT SHALL BE REMOVED TO A NEAT VERTICAL LINE BY FULL DEPTH SAWING. SAWING WILL NOT BE PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE WORK. THE CONTRACTOR SHALL FURNISH, INSTALL. AND MAINTAIN TEMPORARY VEHICLE AND PEDESTRIAN TRAFFIC CONTROL DEVICES NECESSARY THROUGHOUT THE DURATION OF CONSTRUCTION. ALL TRAFFIC CONTROL WORK, EQUIPMENT, AND MATERIALS SHALL BE INCLUDED IN ITEM 630, TRAFFIC CONTROL. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE STABILITY OF EXISTING TREES NEXT TO THE WORK ZONE. PROTECT ALL EXISTING TREES IN PLACE. THE CONTRACTOR SHALL CONTACT THE CITY FORESTER IF TREE ROOTS ARE ENCOUNTERED DURING EXCAVATION. DESIGN DATA: DESIGN METHOD: LOAD AND RESISTANCE FACTOR DESIGN (-RFD) AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) LRFD BRIDGE DESIGN SPECIFICATIONS. SIXTH EDITION (2012) WITH INTERIMS THROUGH 2O13. VEHICULAR LIVE LOAD: HL-93 DESIGN TRUCK OR TANDEM. PEDESTRIAN LIVE LOAD SURCHARGE: 75 LBS. PER SO. FT. SOIL LOAD: 130 LBS.PER CU.FT.ASSUMED. DEAD LOAD: 585 LBS. PER THREE FOOT DIAMETER MANHOLE COVER AND RING ASSUMED. 868 LBS. PER LINEAR FOOT FOR CYLINDRICAL RISER OR ECCENTRIC CONE ASSUMED. REINFORCED CONCRETE: CLASS D CONCRETE: f'c - 4,500 pal. REINFORCING STEEL: fy - 60,000 pal. DE-ICING CATEGORY: MODERATE ASSUMED. SEISMIC ZONE I ASSUMED FOR PURPOSES OF REMOVING AND REPAIRING ASPHALT PAVEMENT AS DEFINED IN THESE PLANS, ALL WORK SHALL BE IN ACCORDANCE WITH THE CURRENT (LCUASS), CHAPTERS 22 AND 25. PAVEMENT REPAIRS SHALL BE CATEGORIZED AS PERMANENT. ALL APPLICABLE PROVISIONS SHALL APPLY. THE LIMITS OF PAVEMENT REMOVAL SHALL BE DETERMINED BY THE CONTRACTOR IN COORDINATION WITH THE CITY. FOR PURPOSES OF PAYMENT, IT IS ASSUMED THAT THE LIMITS ARE AS DEFINED IN THE PLANS. WORK DESCRIPTION: NEW MANHOLE INSTALLATION WITH CULVERT TOP SLAB REMOVAL AND REPLACEMENT. 2 TOP SLAB REPLACEMENTS • PRST-W-CNTR. I TOP SLAR REPLACEMENT O LAKE-W-CNTR. KNOWN UTILITY INFORMATION PROSPECT ROAD UTILITY POTHOLES POTHOLE NUMBER UTILITY TYPE NORTHING EASTING GROUND ELEVATIONUTILITY TOP OF BOTTOM OF UTILITY EAST OR EST SIDCOG E OF 11017 ELECTRIC 123 730.92 193123.29 5005.92 52 IN 56 IN WEST U013 TELECOMM 123730.47 123146.82 5005.59 33 IN 37 IN WEST 11014 TELEVISION 123 732.30 193 151.56 5004.73 1 13 IN 17 IN WEST I 11019 ELECTRIC 123 725.70 193152.49 5005.7 1 57 IN 51 IN WEST 11037 GAS 123 718.22 1193,145.941 5004.82 1 44 IN 48 IN WEST +NOTE: UTILITY POTHOLES BASED ON FT COLLINS LOCAL COORDINATE SYSTEM PLEASE SEE SHEET 4 FOR UTILITY LOCATIONS LAKE STREET UTILITY POTHOLES HOLE POTHOLE UTILITY NORTHING EASTING GROUND TOP OF UTILITY D UTILITY EAST DR ST SIDE O NUMBER TYPE ELEVATION 10433 TELECOMM 24 3B].0 193123.91 4999.86 N/A I WA I WEST 10434 TELECOMM 24 388. 19 263.141 4999.56 1 N/A I N/A I EAST WNOTE: UTILITY POTHOLES BASED ON FT COLLINS LOCAL COORDINATE SYSTEM PLEASE SEE SHEET 7 FOR UTILITY LOCATION PAVEMENT BASE SHALL BE AGGREGATE BASE COURSE (CLASS 6) WITH A THICKNESS OF AT LEAST TWO INCHES GREATER THAN EXISTING BASE THICKNESS FOR PURPOSES OF PAYMENT, IT IS ASSUMED THAT THE NEW BASE THICKNESS IS 12 INCHES. THE THICKNESS OF THE ASPHALT PATCH SHALL BE ONE INCH THICKER THAN EXISTING ASPHALT THICKNESS, WITH A MINIMUM ASPHALT THICKNESS OF EIGHT INCHES (TWO INCHES GRADING S ON SIX INCHES MINIMUM GRADING SG). SECTION OR DETAIL IDENTIFICATION V CROSS REFERENCE DRAWING NUMBER (IF "-",REFERENCE IS TD SAME SHEET) is K]w W. W beime you dig. n[visiaHs- 6�ic 8y CITY OF FORT COLLINS, COLORADO ENGINEERING DEPT. — CAPITAL PROJECTS a w w en paewx an VCiuRE xwec UI A3a ARTHUR DITCH MANHOLE RETROFITS 2 x/ �" v p';� `E GENERAL INFORMATION 11 ITEM NO. DESCRIPTION UNIT LOCATION TOTAL MM DLE /1 MANHOLE 12 MANHOLE /3 202.00500 REMOVAL OF PORTIONS OF PRESENT STRUCTURE EA 1 1 1 3 208-00000 STRUCTURE EXCAVATION CY 34 19 16 69 206-0OI00 STRUCTURE BACXFILL (CLASS 1) CY 34 10 15 59 206-01781 SHORING (AREA 1) LS 1 1 206-01782 SHORING (AREA 2) LS 1 1 206-01783 SHORING (AREA 3) LS 1 1 304-06007 AGGREGATE BASE COURSE (CLASS 6) TON 12 12 403-00721 HOT BITUMINOUS PAVEMENT (PATCHING)(ASPHALT) SY 30 30 801-03030 CONCRETE CLASS D (BOX CULVERT) CY 4.8 2.0 319 10.7 602-00000 REINFORCING STEEL LB 1,254 682 2 0 4140 604-50200 MANHOLE RING AND COVER (36 INCH) EA 1 1 1 3 608-00000 CONCRETE SIDEWALK SY 8 e 620-00020 SANITARY FACILITY EA 1 626-00000 MOBILIZATION LS 1 630-00000 1 TRAFFIC CONTROL LS 1 1 Tha contractor anon furnish, install, and maintain temporary vehiV* one pedestrian traffic controldeviees necessary throughout the duration of construction. CITY OF "'r" ar ae ARTHUR DITCH MANHOLE RETROFITS ENGINEER[NGFDEPT.OLLCAPITAL PROJECTS N�' 3 or ]1 ._......_e _ _ eA _ SUMMARY DF pUANTI TIES \\ TUR DITCHROW CITY OF FORT C NS ROW CSU ROW \•\ \\ \\ i f "-11-�I—_ EXISTING RDW FUTURE CITY ROW \ \ \ • \�_ IRRIGATED GRASS AREA Q, ROADWAY SU PARKING LOT i11'-0" 2 " 2 8'-3"t '-10"2 'Y 10'-2"t "2 8 -0 2 a' v MANHOLE 2 1 \ WLK. \ \' ROADWAYPAINTED MEDIANRACKS AY SWLK. MANHOLE 1ET) f DITCH/CULVERT 1 a, MANHOLE 2 \\ ' RIMEL. 5005.04 .lPSM-- --— — — — — — — — — — — — — BE RI \ \ m XO BE REMOVED) ii -- ------------__-._.— _ _ ; \ \ i i - B.F. CONCRETE CURB \ I I \ \ I SHORIN1AREA i — . — — . ARTHUR DITCH \ \ \ STORM SEWER PIPE `..., _ENT"— —------------ — Q I --------- --_- -TOP SLAB TORM OUTLET PIPE 3'!" A i� gpRAINS INTp CULVERT EPgERMANENT I wV•` .' u—STORM OUTLET TO REMAIN) TYP. (ARTHUR DITCH) ¢, MANHOLE 1 I / 0 PIPE DRAINS d> y-0" —INTO CULVERT o:< EPLSLEMENT ry � ii (TO REMAIN) 1 OFF PABB LEGEND gq� GAS .__G—_—G— (AREAN2) ELECTRIC _. — E -- — E — TELEPHONE -- i--- f— I TELEVISION--TV---TV— Bbw ^ I go I MPR. LIMITS OF SIDEWALK IRRIGAAREA CRASS y11 Jj AFT REMAIN)T O REPLOACEM NT a MPR. LLPI VEM OF PLAN R[MOVALMµoT REPLACEMENT EXISTING CBC IB'-0" MANHOLE I S'-0" MANHOLE 2 EXISTING CBC CIO Q MANHOLE SHORING TO REMAIN iUP SLAB REPLACEMENT DN EXISTING CBC TO REMAI E g ryG I[ 14'-0" MANHOLE I v-0" MANHOLE 2 4'-0" FINISHED GR DE O/ LEVEL MAANHOLE 2RR[M EEL 55004Z78 %ISTNG 4" TELEVISION %ISTING GROUND/ H II0 1 4 INISHED GRADE j / r;w/sT,", ?1. NIEdiimensions and elevations //an shown at t manhole and yperpendicular to the I[ ditch, u-0Y ounless noted otherwise. / a. X TING 4" GAS " TELECOMM z 2. were calulatmalon. on HIM sheet —E 11013 were calculated from a recent PH 11019 field survey, a fold inspection, and aerlalimaaery. Dimensions Lij'•'- are subject to change based .• — L5 — — — — — Q DITCH—i-�� an contractor field verification • EXISTING 8" ELECTRICAL . EX TING 6" ELECTRICAL / LVE z of actual existing eantlltlana. PH/ 11037 r—E MANHOLE PH 11017 p % U� Field verification of dimensions 4 3 shaltake place before ordering m o or fabricating any material. vA 3. The Contractor wnib. responsible K for providing a temporary detour O1 Notif the Engineer of actual }y /mom for pedestrian access during — _ — — _ — — — — — — — — — — — — — — y S �"'" ' sitlswolk closures m Port of the dimensions that vary from plan 8'-0" 1 gn traffic controlplan. — — — dimensions by more than 8". / r„ r , r„ i / B'-K" e. NlaHactatl utAlBae to be relocated / NEW / 2Q Sidewalk removal shall extend to prior to construction. PARTLY ELEVATION AT MANHOLE existing joints as appropriate. TYPICAL SECTION Costto remove and resetibilu, TAKEN ALONG It DITCH, LOOKING WEST MANHOLE 1 LOOKING NORTH 5 rocks shall not be paid for separately MANHOLE 1 SHOWN, MANHOLE 2 SIMILAR MANHOLE 2 (SHOWN) LOOKING SOUTH but shall be Included In the work. SCALE 1:5 SCALE 1:5 � $ RUCiURE Nx1$ CITY OF FORT COLLINS, COLORADO _CRY nt of*Y Awes *-w' *R ARTHUR DITCH MANHOLE RETROFITS q ENGINEERING DEPT. — CAPITAL PROJECTS ' v./ PROSPECT RD. GENERAL LAYOUT ar 11 PLAN MANHOLE 1 LONGITUDINKO REINFORCING OEXISTING TOP SLAB -- TYP. �� Y/--v0SREIIAIN) D—/ — — — — — — — — — — — — — — — — — — — — — — — PARTIAL ELEVATION MANHOLE 1 m V�2 i N � CUT LINE VI Op DETAIL DRILL AND EPDXY ALTERNATIVE PLAN MANHOLE 2 TL.YP. �EEXISTING cgcJ /} (TO REMAIN) PARTIAL ELEVATION MANHDLE 2 CUT LINE n 3 XISTING CgC WALL TO REMAIN) DETAI,IL ANDDR1�PbXY ALTERNATIVE TYPMANHOLEICAL S1 2ECTION LEGEND: ®Limits of structural removal (existing top slab and manhole only). KEYNOTES (D Sand bloat on0 salvage vertical reinforcing. 02 Sand blast and salvage existing longitudinal top slob reinforcing to the extents shown. 0 Reinforcing steel embedment into existing concrete shbllbe determined by the contractor per manufacturer's specifications to develop the full tensile capacity of the bar in 32000 PSI concrete. NOTES: 1. Sand blasting and salvaging of reinforcing shollnot be paid for separately, but included in Item 601, Concrete Class D (Box Culvert). 2. As on alternative to sand blasting and salvaging verticalond longitudinal reinforcing, drgl and epoxy dowels may be .provided per DETAIL 15 DETAIL 2, this sheet. Embedment into existing top slab shall be shown on reinforcing steelworking drawing.. Orford epoxy dowels shall not be paid for separately, but included in Item 601, Concrete Clan D (Box Culvert). 3. Allabor and materials necessary to remove portions of the existing structure as defined in the plans shollbe paid under Item 202, Removal of Portions of Present Structure. 4. Core shallow taken to maintain etablity of the structure during construction, particularly for the walls when the lop slab is removed. 6. Sowcutting of pavement, curb, or sidewalk shall not be paid for separately, but included in the cost of the work. 6. Sowcutting of lop slab shollnot be paid for separately, but included in Ne cost of the work. CITY OF ORT RTHUR DITCH MANHOLE RETROFI ENGINEERINGFDEPT. OL�CAPITAL PROJECTS \.r! ApROSPECT RD. EMOVAL DETAILS S 5 dll v la.]311] V]lnou ca.v[er interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. v 101 e . TP " 36- 0 S.,BOTT.TYP. OMIT PRs LESS THAN V-O" yy ppLRpC�p IN LENGTH Z�_ L L E 5-�IL A e 6Ilt' D BRUIG Y ROTATE SPLIC�G90• H WN ILL AROUN I—. _ _.__. OPENING IN TOP SLAB 2-/6 Q �9 gAGGEEpp JF'I�' RE I FIORC[NO i i 18-4 o6"T P 3" OMIT BARS l6- O 6" SO Y . a n 246C) 0 �lq LESIN LENCTHro 2 -4" SPSICECSO• SALVAGED PLAN NFORCING SH�WN�ALL 6ARRDA OPENIINSG NOT SHOWN. 049 �y & OTT. (TOYG.) rllp4F)ORCING n® SECTION _ TOP SL AB ,4 0 2-110 // 14T ..(TOYP.) (6 /7 0 TOP SLALAB ONLY CITY OF FORT COLLINS, COLORADO ENGINEERING DEPT. — CAPITAL PROJECTS PLAN MANHOLE 2 SALVAGED REINFORCING NOT SHOWN. SECTION@) T P (1�YP. #4 0ff �p y BOTT (TOYP. REINFORCING TYP.) eT SECTIONe OONLY� 2-/10 �4 l�iab locations, refer to GENERAL LAYOUT. /® Dd�� y +4TT. (1°YP.) _ r TY�) 2. Manhoh opening location shorn is approsimote. 3. Cut reinforcing to mointaio 2" clr, to the manhole opening. i7 ® 4. Sane blasting and salvaging method shown. For alternative, see PROSPECT RD. REMOVAL DETAILS. N _ TOP 9iA�B 5. New lop slob thickness is 10" thick, lyp. ONLY 6. Clear cover shallbe 2" unless shown otherwise. V9/ro1. I CuLVCRT ARTHUR DITCH MANHOLE RETROFITS -g PROSPECT RD. TDP SLAB DETAILS 11 C ROADWAY I \ROW City Row CITY OF FORT COLLINS ROW I I I \ I 4A'-0'Y ROADWAY 6r-0"Y I MANHOLE 5 SWLK. - i-- - of \ I ¢__--------�-_------- �_'•Y 90 B - - - - I _ . - - - . - . - MTHUR DITCH _ _ - _ - _ - _ _ . _ . . - SHORING (AREA SI \ ylfll,jp,E 3\♦ I •\ i^ f\ N-t�-µH-ORCH/CULVERT \✓ (TfY REI A[N/ Ij S _.OUE ---.-.-.-.-.-� I --------------- - M TOP SLABI \ \ - \ DITCN/CULVERT r\\ J TI 9 PLAN LEGEND S---G---G- a ELECTRIC--E---E- i TELEPHONE -- T — — — f - - WATER--Is---w- _ SHORING EXISTING CBC VARIESiDP REPLACEMENT SLAB EXISTING CBC b TO REMAIN ON EXISTING CBC TO REMAINT CIO �.¢ MANHOLE 3 NOTEs: [%]STING GROUND/ FINISHED GRADE EXISTING GROUND/ FINISHED GRADE �MINH❑LE 3 �� 1. Nl tlimenelona and manhole '- Q manhole and LEVEL RIM EL. ♦999.71 are shown at perpendicular to the @ ditch, i unless noted otherwise. ! y. Al dimensions on this shoot were calculated from a recent j g I Cp XIST NG T LE MM �@ MANHOLE 3 c N '• 6eltl survey, rialim a field Dimensions, lone and aerial t to baDimensed im4 are subject to change based change 3 (U N8WN DPTH) PH 10434 _ a 0 4 -]y�— DIT ¢ It on contractor field verification qua b PH el EWr of actualesistin conditions. m� 9 w� Field verification of dimensions L_L'.,m'b - - - - J litake lace ordering -,-••o^N!, v ,•�Ivp7 "r material orafabricatin0 any material. Y A TYPICAL SECTION 3. sorties to be relocated PARTIAL ELEVATION AT MANHOLE �EY_NDIE�: TAKEN ALONG t DITCH,LOOKING NORTHWEST l No6fy the Engineer of actual dimensions LOOKING NORTHEAST prior to construction. prAllior SCALE 1:5 that vary from plan dimensions by more SCALE 1:5 than 6". 6 i a r """';+""�•- Clry of CITY OF FORT COLLINS, COLORADO rt LESGNEn BYE OR�WN Y ag 9 IIN HNY r ARTHUR DITCH MANHOLE RETROFITS 7 ENGINEERING DEPT. - CAPITAL PROJECTS Joe M4 CA. n LAKE ST. GENERAL LAYOUT 11 — +. v i PLAN Y CITY OF FORT COLLINS, COLORADO ENGINEERING DEPT. — CAPITAL PROJECTS TYPICAL SECTION AT MANHOLE 3 ONLY EI Yp. 2 p — — �(Tkf�SR�- C- — — — — — /] PARTIAL ELEVATION AT MANHOLE 3 ONLY :GGEvEND: y� Limits of atruclulainimlvill (Misting top slab only). 7YNOTES Sand blast and salvage vertical reinforcing. Q Sand blast and salvage existing longitudinal top slab reinforcing to the extents shown. MT JIM Lna-wO,rM yr vnrmH oAvrnr ee NOTES: 1. Sand blasting and salvaging of reinforcing shall not be paid for separately, but included in Item 601, Concrete Class D (Box Culvert). 2. As on alternative to and blasting and salvaging vertical and longitudinal reinforcing, drill and epoxy dowels may be provided per DETAIL 1 6 DETAIL 2 on PROSPECT RD. REMOVAL DETAILS. Embedment into existing lop slab shall be shown on reinforcing steel working drawings. Drill and epoxy dowels shall not be paid for separately, but included in Item 601, Concrete Class D (Box Culvert). 3. The City willbe responsible for providing a temporary detour for pedestrian access during sidewalk closures. The Contractor shall coordinate with the City to identify sidewalk closures of least 2 weeks prior to access shutdown. A. All affected utilities to be relocated prior to construction. The City is responsible for coordinating utility relocations. 5. Saweutting of pavement, curb, or sidewalk shall not be paid for separately, but included in the cost of the work. S. Sawcut ling of top slab shall not be paid for separately, but included in the cost of the work. ARTHUR DITCH MANHOLE RETROFITS g LAKE ST. REMOVAL DETAILS e I {4 9 TOP 6 SOFT77 - N� --- 01-7 {4 9 TOP CUT LINE PLAN SALVAGED REINFORCING NOT SHOWN. E INslab locations, refer to GENERAL LAYOUT. b 2. Morrell, opening location shown is approximate. 3. Cut reinforcing to maintain 2" clr. to the manhole opening. 4. Sono blasting and salvaging of existing rebor shown, except where noted otherwise. For alternative, see PROSPECT RD. i REMOVAL DETAILS. 5. New lop slob is 10" Nick, typ. P - 6. Clear sever shall be 2" unless noted oNarwiss {4 d� �P P4 TOP 2-{10 9 rw Z CUT® T ALONG ygyy --- tp PO /V I TPAeoTT. {9 / II II LL=====---------=1J bp9 SECTION TOP SLAB ONLY 6-{II0 NOT SHOWN �v \ 2-110 9 x 3'-6" OR 2-{IO�y 4'-9" \ \ PLACED AS SHOWN ALL AR&ND OPENING ro {5 9 (TYP.) i4 ® t4 9 (TYPJ I I {9® I I II II II II —__ ------ JJ ECTIO TOP 6-{11®NOT SHOWN {5 ® (TYP.) �UT®99n1NFORCT, P NEW TOP SLAB 44 9 {4 9 (TYP.) EALONC REIING {99 %—EXISTING CBC— --- SEC IONe TOP SLAB ONLY 6-{119 NOT SHOWN CITY OF FORT COLLINS, COLORADO ,� y.��� hg a* es a-.�,e ARTHUR DITCH MANHOLE RETROFITS B ENGINEERING DEPT. - CAPITAL PROJECTS ��,eaww1 l ism ns LAKE ST. TOP SLAB DETAILS v ll QI SLOPE 1 CONCRETE EDGE SURFACE %s.. R. e TOOL JOINT FOR WALKS SCALE 6:1 t Brisk courses 2" min. 4" max., precast concrete grade rings, or adjustable m talrings with or without cement mortar. Cement mortar thickness may be non-symmelricalto match cross slope of finished grade. 0 When finished grade is pavement surface, recess manhole ring and cover/j' min. to /i' max. 38" MANHOLE COV� yf MANHOLE FRAME o_ 36" 4 DETAIL C4 QI SLOPE IN PAV MANHOLE 2 CEMENT 4'-0" MIN. EXISTING SIDEW - - 7 _ C S[OEWALK ADDITION COMPACTED FILL , s s e TWIN-31e72rizow DETAIL C4 MANHOLE 1 IUT 'S QETAIL C7 MANHOLE 3 NOTES: 1. Nlelements associated with the manholes shollbe in accordance with Section 604 of the Standard Specifications, including but not limited to: -Bricks -Masonry Blacks -Frames -Crates -Covers -Steps -Grade Rings -Reinforcing Steel -Precast Concrete Units 2. Payment for all the elements defined in note 1 shall not be paid far separately but shollbe included in item 604, Manhole Ring and Cover. 3. Cast-inylocs concrete collar shollbe Class D in accordance with Section 601 of the Standard Specifications. Sidewalk concrete shollbe Class B in accordance with Section 6o6 of the Standard Specifications. 4. The top slab shollbe poured morn thically with the bottom riser section. 6. The manhole ring frame shollba set in a bad of cement mortar. The frame shallbe surrolmded with a concrete collar. 6. Steps shollbe required as shown in the plane and conform to AASHTO M 199. 7. Manhole covers shollbe eel to the rim elevation shown on the GENERAL LAYOUT eheets. B. Manhole ring frame and cover shollbe rated to accomodato vehicular loading. 9. New wolk addition, shollbe placed to the some line and grade as the existing work. jIjIMVoKRQRwar rym CITY OF FORT COLLINS, COLORADO n >* a ARTHUR DITCH MANHOLE10 — - ` " ENGINEERING DEPT. — CAPITAL PROJECTS saw da MISCELLANEOUS DETAILS or 80TTOM EI TYPICAL SECTIDN PRST-W-CNTR (MANHOLE 1) SHOWN, LACE-WCNTR (MANHOLE 3) SIMILAR PARTIAL ELEVATION PRST-W-CNTR (MANHOLE I) SHOWN, LAXE-WCNTR (MANHOLE 3) SIMILAR SIDEWALK NOT SHOWN CITY OF FORT COLLINS, COLORADO ENGINEERING DEPT. — CAPITAL PROJECTS GRADE GROUND/ BOTTOM OF TOP GRADED/ l Sea Ganerol Notes and General Layout sheets for oddilionalelorificotion at limits of sidewalk and asphalt removal. NOTES: I. It is anticipated that shoring may be needed as defined by these plans. My additionalexcavation beyond the lints shown on tNs sheet shallbe back Filled with Structure Bockfill Closs 1, base moteriol, or Pavement as appropriate. The additionalexcavation and bockfillwillnot be measured or paid for. LEGEND: QSTRUCTURE EXCAVATION LIMITS ®STRUCTURE BACKFILL,CLASS 2 .,XY/77/77IN-SITU SOIL (TO REMAIN) ®ASPHALT PAVEMENT ®PAVEMENT BASE COURSE asI es w VfT/MI. pLKRr I an TYPICAL SECTION PRST-W-CNTR (MANHOLE 2) NEW MANHOLE /F INISHEG GRADOE D/ TOP SLAB CBC PARTIAL ELEVATION PRST-WCNTR (MANHOLE 2) ARTHUR DITCH MANHOLE RETROFITS 11 EXCAVATION AND BACKFILL or 11 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION SECTION 00300 BID FORM r SECTION 00300 BID FORM PROJECT: 8063 Arthur Ditch Manhole Retrofit Place: Date: 2/24/2015 1. In compliance with your Invitation to Bid dated 1/30/2015 2015 and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of Three Thousand Eight Hundred ltventy Dollars and Sixty Five Cents l$ $30820.65 ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: Allegheny Casualty Company, One Newark Center, 20th Floor Newark, New ,Jersey 07102-520'. 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through 1 8. BID SCHEDULE (Base Bid) ARTHUR DITCH MANHOLE RETROFITS BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 202-00500 Removal of Portions of Present Structure EACH 3 750.00 $ 5 - .00 206-00000 Structure Excavation CY 69 $ 206-00100 Structure Backfll (Class 1) CY 59 46-00 $ 7.00 206-01781 Shoring (Area 1) L S 1 Ion 00 $ 206-01782 Shoring (Area 2) L S 1 $ 2-309.00 206-01783 Shoring (Area 3) L S 1 $ 2.306,00 304-06007 Aggregate Base Course (Class 6) CY 12 11 in - $ An 403-00721 Hat Mix Asphak (Patching) (Asphalt) SY 30 $ 6,480-00 601-03030 Concrete Class D (Box Culvert) CY 10.7 $ 602-00000 Reinforcing Steel LB 4,146 $ 604-50200 Manhole Ring and Cover (36 Inch) EACH 3 $ - 608-00000 Concrete Sidewalk SY 8 $ 620-00020 Sanitary Facility EACH 1 Anc fin $ 626-00000 Mobilization L S 1 6,000.0 $ 6,000.0 630-00000 Traffic Control LS 1 $ SUBTOTAL $ 61 13.00 FORCEACCOUNT' - 700-70010 FIA Minor Contract Revisions F A 1 1 $ 15,000.00 $ 15 000.00 TOTAL BASE BIDI $ IN WORDS: $76,413.00 C f3 C' Th d F Fr d d Th' f ll Il R N V, PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. RESPECTFULLY SUBMITTED: Osmun Inc CONTRACTOR Printed Date OW Member -Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest Address p.O_ Box 1264 Craig, CO R1626 Telephone 970-819-5957 Email 5inithstowingco@gmail cum SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Osn,un, Inc. as Principal, and Allegheny Casualty Company , as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 8063 Arthur Ditch Manhole ' Retrofit. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of February 24 20 15, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Osmun, Inc. Address: 578 Barclay Street CO 81625 By: Titl AT By (JtHL) SURETY Allegheny Casualty Company' One Newark Center, 20th Floor Newark, NJ 07102 By: �1'1 U%L�- L ��� � 40 X Mary Ashley fallen Title: Attorney -in -Fact (SEAL) fw,. .M44 P Ift COMPANY TY iNSU loTio.,NATIONAL FIDELI f ALLEGH rENY CASIJAUTY?b NI. nF.WA" "E..' R,529 f4 FLOOR.NEWARKv, NEW-J�'F`,,§&0102-5207 KNOW ALL MEN BY THESE PRESENTS: T.1,Wt. INTERI44t6N&:OIDELITY INSURANCE COMPANY, a corporation (.6r ed d under gOntZ ,and existin the laws of the State of Nidw,,16iiey, and AliXIEGHENY CASUALTY COMPANY 2 corporation organized and existing under the laws of the S of., Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN BROWNING, MARY ASHLEY ALLEN, CHARLES M. MCDANIEL, ANGELA M. TINDOL, MONAD WEAVER, SHEILA J. MONTOYA, ANUJ JAIN, ANGELA HAUCK 117�f ­vo r ZVI. Denver, CO. nd their true and lawful alitor sea) and deliver for and on Its behalf as surety, any and all bonds.and dridertaldinjs, contracts of emntt . pey y and other writ in s obligallor- IiAlkh law, statute rule regulation contract orroth I Is . e o'natUrb thereof. which are or may be allowed, required or, permitted by and the execution of such Instruin$iantNiuirsuance of these presents, shall be as binding upon the saidTONAL 1FIDELrry INSURANCE COMPANY and ALLEGHENYCASUA COMPANY, as fully and amply. to all intents and purposes, as if the same had been duly executed and acknowledged .by thel(yegularly elected officers at their principal offices. FIDELITY ftPower of Attom As 'et; it d and ma IEG I" e � _y be revoked, pursuant to and by authority of. the By Laws of INTERNATIONAL Fib INS OMCE PANY and ALL Wg OASUALTY COMPANY and is granted under and by !41 Lt of the to owing resolution adopted by the Board of Directors ol"INTERNATIONALFIDELI.., . INSURANCE COMPANY at meeting dru held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COhf.ANY.ata [Feting duly held on the 15th day of August, �,000: 11 1 the President, Vice President Executive Vice President or SecreM. of. the Corporation shall have the oweir to a oint, and to revoke -,"RESOLVED tha W9 irn I & V the appointm4i orneys-in-Fact or agents witch power and authority as defined or inni ted In their respe fi I 0 ve owers o a Umey,laq o execute on. behalf oratiCin's. seal thefeto, bonds, undortakings, recognizonces,. contracts ndernhi allorfs In Ithe of the Corporatlowan�, aft the Corp FT tan other Written obill nature thereof or related thereto: and (2) any such Officers of the :Corporation may appoint and revoke the. agoinkfien ians, rents for acceptance of process, and Attorneys -In -fact with authority I waivers and consents on liehaif of eCorporation,.ano g3j.1the signatund any K , such Oafcer of the Corporation and the Corpporation's seal may be affixed by.facsimile to any power of attorney or certification g�ven:, r th I e execution .. any bond undertaking recognizance, :contract of Indemnity or other written obligat on in the nature : thereof or related I sinature and seals when So used`iVhether heretofore or hereafter; being hereby add ted.by the orporetion as�.Jlhe;odglnal signature of such thereto, an the original Seal of a Corporadizrt; to be valid and binding upon the Corporation with the same force and effect as thou manually affixed." "'YII fLVffTJESS WHEREOF INTERNA ZONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and OF NEW JERSEY GPSUALrr V of Essex 1A zv� ni ;ROBERTW. MINSTER jz. Execulilvo.V 1pe.President/Chlef fi -ld 98Orating Officer p L14 (Interind6hall r . elity, Insurance Company) and President (Allegheny Casualty Company) Vat who executed the preceding instrument, tome pe�so I On this 22nd day of. July 2014, before me came the individ personally knowi arld; being by...Me.Ouly .. .. .. sworn, said he isthritherrelmdescribed and authofted offilcerof INTERNATIONAL FIDELITY INSURANCE QMIPANY--ah-dALWEGIHENY cASUAL566 COMPANY ;:that the Aeals'affixed to said instrument are thriCorporate Seals of said Comipanles;.ihat theg:ei;0,001"'Iratsi . Seals s and his signatureI 11; were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have her"to set my hand affixed my Official Seal at the C4 of viNewark, New Jersey the day and year first above written. y C, ...0%5s o-V 4Ak e, 'A . , 'k.". "' O, 4, NTARY M + 1 -Ilk PUBLIC 0: 4111� 40 % ky 51 wtv S P0. _F.,NffW'j "I Z% IT 9 1 ? ��RSEY A01! (0; 2019 OF NEW 4. CERTIFICATION ,jng copy vir ttte ...... . of AttomAy artd afifd$vlt, 6gld 1140'0,0 -Laws ofsaIdC6k' I dopyof the Sections of the By pan es; as set forth P41th the 6091imik:-ohfile U*home office bf.said torriparilas and. that the same are correct transciripts thereof, and of and that th �,oirrerr ofAtforney ha$'niacbeitnirivokeoa0 is•now In full force and effect. ik.jeREOF_ [,have. hereunto set my hand this '24th day of Februa,ry 2015 fl SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Osmun Inc. 2. Permanent main office address:578 Barclay Street Craig, CO 81625, P.O. Box 1264 Craig, CO 81626 K When organized: 2004 4. If a corporation, where incorporated: Colorado 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) Town of Estes Park 2013 Flood Repairs $845 076.00 Contract to finish arond May 1st Town of Estes Park 215 Wall $59,702:10 Contract to finish around March 15th 7. General character of Work performed by your company: Osmun Inc. is a heavy civil contractor with work ranging from: Excavation, Road and Bridge, Concrete Asphalt River Reconstruction Utility Placement & Repair, Transpiration & Aggregate . 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? NO If so, where and why? 10. Are you debarred by any government agency? NO If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. Town of Estes Park NRCS site work $575,000.00 Complete early 2014 Town of Estes Park Riprap Haul $190,000.00 Complete early 2014 _Town of Estes Park Lake Estes Dredge & Road Base Production $579,000.00 Complete Feb. 2014 12, List your major equipment available for this contract. (2)John Deer 210G excavator, (1) .Tohn Deer 85G excavator, (2) Roller Comuactors (11 Leboy Patch Paver, (2) Smooth Drum Rollers, (3) Skid Steers, (1) Cat Loader, (3) Dump'h-ucks (5) Side Dumps & Tractors, Service truck 13. Experience in construction Work similar in importance to this project: Town of Estes Park Flood recover 2013 Project, City of Craig yearly Concrete projects & drainage repair , CO Town of Estes Park NRCS proiects multi site 14. Background and experience of the principal members of your organization, including officers: Tad Osmun President: Over 25 years in the Construction experience Adam Smith Project Manager: Over 10 years experience in project management 15, Credit available: $ 200,000.00 16. Bank Reference: Yampa Valley Bank, Dave Flemming: Craig, CO office 970-824-3600 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? 18. Are you licensed as a General Contractor? If yes, in what city, county and state? Craig, CO What class, license and numbers? N/A 19. Do you anticipate subcontracting Work under this Contract? NO If yes, what percent of total contract? And to whom? 20. Are any lawsuits pending against you or your firm at this time? NO 21 IF yes, DETAIL What are the limits of your public liability? DETAIL 5,000,000.00 Per insurance What company? EMC 22. What are your company's bonding limitations? 10 Million 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at 5 this day of Company: (-L&h, : n By: C'�_ , Title: reS-,64v State of Ci9/L JO County of 20%. r /J Printed: UGC 6s to being duly sworn deposes and says that he is /r S«t of � 4tr -Tjj 4 (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. �' Subscribed and sworn to before me this day of rr- 42 2(y My commission expires (Seal) 's s r CG _F� SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM N/A SUBCONTRACTOR SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: March 2, 2015 TO: Osmun Inc PROJECT: 8063 Arthur Ditch Manhole Retrofit OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated February 24, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8063 Arthur Ditch Manhole Retrofit. The Price of your Agreement is Seventy -Nine Thousand One Hundred Twenty -Seven Dollars and Forty Cents ($79,127.40), which is your base bid plus item 206-00100 Structure Backfill (Class 1). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by March 17, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contra Documents attached. Cit of Fo C I s n OWNER I V By: I Gerry S. Pa Director of Purchasing & Risk Management SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 2nd day of March in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The Citv of Fort Collins (hereinafter called OWNER) and Osmun Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 8063 Arthur Ditch Manhole Retrofit and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Michael Baker, Jr., Inc. The Engineering Department who is hereinafter called ENGINEER will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Complete within Thirty (30) calendar days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within Forty Four (44) calendar days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Thirty (30) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. SECTION 00020 INVITATION TO BID 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the Fourteen (14) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Seventy -Nine Thousand One Hundred Twenty -Seven Dollars and Forty Cents ($79,127.40), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If, in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Total 11 sheets 1 Title Sheet 2 General Information 3 Summary of Quantities 4 Prospect Rd. General Layout 5 Prospect Rd. Removal Details 6 Prospect Rd. Top Slab Details 7 Lake St. General Layout 8 Lake St. Removal Details 9 Lake St. Top Slab Details 10 Miscellaneous Details 11 Excavation And Backfill The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. C1LA 0 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, AgreementAnd obligations contained in the Contract Document. DIRECTOR OF PURCHASING AND RISK MANAGEMENT CONTRACTOR:OSMUNINC By: ( V,_ ZI Title: Date: 3-13-/5 t``°•Rrc Date: a: SE Attest: (CORPORATE SEAL) City Clerk /CApe f Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 Attest: Ad ess for giving notices: 21 O L) 7, L."C—) License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 8063 Arthur Ditch Manhole Retrofit To: Osmun Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within () calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER 93 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20_ CONTRACTOR: Osmun Inc. By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00615 PAYMENT BOND Bond No. DAACSU0670494 KNOW ALL MEN BY THESE PRESENTS: that Osmun Inc. PO Box 1264, Craig, CO 81626 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and Allegheny Casualty Company One Newark Center, 20th Floor, Newark, N1 07102 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave.. Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Seventy -Nine Thousand One Hundred Twenty -Seven Dollars and Forty Cents ($79,127, 40) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2nd day of March, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8063 Arthur Ditch Manhole Retrofit. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 5th IN PRESENCE OF: (Title) (Corporate Sea[) IN PRESENCE OF: IN PRESENCE OF: fu ✓ A� — I Mona D. Weaver, Witness (Surety Seal) (Title) 578 Barclay Street, Craig, CO 81625 (Address) Other Partners By By: Surety Allegheny Casualty Company By:��- Mary Ashley Alldj, Attorney-m— 'act One Newark Center, 20th Floor, Newark, NJ 07102 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00610 PERFORMANCE BOND Bond No. DAACSU0670494 KNOW ALL MEN BY THESE PRESENTS: that Osmun Inc. PO Box 1264, Craig, CO 81626 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and Allegheny Casualty Company One Newark Center, 20th Floor, Newark, NJ 07102 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Seventy -Nine Thousand One Hundred Twenty -Seven Dollars and Forty Cents ($79,127.40) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 2nd day of March, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8063 Arthur Ditch Manhole Retrofit. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 5th day of March 15 . IN PRESENCE OF: Inc. (Title) (Title) (Corporate Seal) 578 Barclay Street, Craig, CO 81625 (Address) IN PRESENCE OF: Other Partners In By: IN PRESENCE OF: Surety Allegheny Casualty Company By: `" r l Mary As ey A , Attorney m ac Mona D. Weaver, Witness One Newark Center, 20th Floor, Newark, NJ 07102 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00020 INVITATION TO BID Date: February 2, 2015 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on February 24, 2015, for the Arthur Ditch Manhole Retrofit; BID NO. 8063. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 8063. The work on Arthur Ditch CBC includes removal of a portion of existing top slab (CBC) and manhole, construction of new top slab with access manhole, excavation, hot mix asphalt, and traffic control. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 1:00 PM, on February 10, 2015, in Training Room 2E at 215 N Mason, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at • Rocky Mountain E-Purchasing System: www.rockvmountainbidsystem.com Bids will be received as set forth in the Bidding Documents The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Tel (973) 624-7200 POWER OF ATTORNEY s INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN BROWNING, MARY ASHLEY ALLEN, CHARLES M. MCDANIEL, ANGELA M. TINDOL, MONA D. WEAVER, SHEILA J. MONTOYA, ANUJ JAIN, ANGELA HAUCK Denver, CO. their true and lawful attomey(s)-in-tact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the followingg resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President Executive Vice President or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature j eefrrelated thereto;and (2) any such Officersofthe Corpration ay appoint and revoke the appointments of joir i-control custodians, agents fractance ofrocess, and Attors-In-factwiauoritytoexecute waiversand consents on behalf of the Corporation; and(3) the signature of any such Ocer of theCorporan and the Cortion'ssealmaybe affaed byfaimiletoany power of attorney or certification geven for the execution of any bond,uertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporat on, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. j'SE ' iffIF.STATE OF NEW JERSEYCounty of Essex raja �4 1936 R ROBERT W. MINSTER ,o�,� Executive Vice President/Chief Operating Officer "��SYLNvf (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seats and his signature were duly affixed by order of the Boards of Directors of said Companies. ,,,,,,,,, IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ,•' OPT g5Y NRG2 :r 4II►•� m. 19 PUBLIC S `n� ' �:• V :, y ' .vale-1y,°.. •' g `�. '�.,�1• A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 Or NEW 1: "'I,...... ji"" CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. No Text SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance STEAASP-01 JAYMEA A�ORO CERTIFICATE OF LIABILITY INSURANCE I DAT3/412015YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED aRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER. „viPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAPRODUCER NAME: Jayme Armbruster Mountain West In & Fin Sery LLC PHONE FAX 100 E. Victory Way E t.(g70) 824-8185 AC No): (970) 824-8188 Craia. CO 81625 1 � k,,- Iavmea@mtnwst.com INSURED Steamboat Asphalt, LLC; Osmun Inc. 578 Barclay St Craig, CO 81625 -'a Mutual Casualty � 15 Assurance 141190 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN TYPE OF INSURANCE U6 POLICYNUMBER MWD POLICYE LTR MNVDD/YYY UMrrS A X cOMMERCIIU. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE FX ] OCCUR X X SX21062 10/31/2014110/31/201$ DAMAGE TO RERTEIT PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 -:-.• -- PERSONAL &ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 X POLICY ❑ jE�1:1 LOC PRODUCTS - COMP/OP AGG I 2,000,0 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident)1 $ r000r0 BODILY INJURY (Per person) $ P+ ANY AUTO X X SX21062 10/31/2014 10/31/2015 X X ALL OWNED SC AUTOS N D HIRED AUTOS X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAR CCU R EACH OCCURRENCE $ 1,000r AGGREGATE $ 1,000, A EXCESS LIAB X X 5X21= 10/31/2014 10/31/2015 DIED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED9 ❑ (Mandatory in NH) 0 yes describe under DESCRIPTION OF OPERATIONS below N/A 4Wr 1 02/20/2014 03/01/2015 PER PER OTH- TER X4171537 E.EACH ACCIDENT --L. -- - - F L. DISEASE - EA EMPLOYEE -- E.L. DISEASE - POLICY LIMIT $ 1,000,0 - - $ 1,000,00 ' $ 1,000,00 A Equipment Floater 5X21062-, 10/31/2014 10/31/2015 Scheduled Equip 487,00 A (Equipment Floater SX21062'", 10/31/2014 10/31/2015 Leased/Rented Equip 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) Excavation. "It is understood and agreed that the Certificate Holder is named as Additional Insured, but only with respect to its liabil' Ising out of the activities of the Named Insured." The insurance evidenced by this Certificate will not reduce coverage or limits and will not be can except after (30) days written notice has been received by the City of Fort Collins." Endorsement attached. L:tH I It -ILA I t rIULutrs City of Fort Collins PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US - DESIGNATED ENTITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESS AUTO COVERAGE PART BUSINESSOWNERS COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY LINEBACKER PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE" Name: 2. Address: 3. Number of days advance notice: 'If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in the CONDITIONS Section of this insurance or as amended by a state cancellation endorsement applicable to this insurance, is increased to the number of days shown in the Schedule above. IL7338(5-12) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 8063 Arthur Ditch Manhole Retrofit PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Osmun Inc CONTRACT DATE: March 2, 2015 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: 120 TO: Osmun Inc. Gentlemen: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE You are hereby notified that on the day of 20 , the City of Fort Collins, Colorado, has accepted the Work completed by Osmun Inc. for the City of Fort Collins project, 8063 Arthur Ditch Manhole Retrofit. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated March 2. 2015. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20 Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Osmun Inc. (CONTRACTOR) PROJECT: 8063 Arthur Ditch Manhole Retrofit The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of , 20_ CONTRACTOR:OSMUNINC. 0 Title: ATTEST: Secretary STATE OFCOLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by Witness my hand and official seal. Notary Public My Commission Expires: 20_, SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Osmun Inc. PROJECT: 8063 Arthur Ditch Manhole Retrofit CONTRACT DATE: March 2, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 . (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) v rNl NIT WRITF IN THt.R RPAGF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 {999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner. or corporate name Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number. Bid amount for your contract: $ Fax Number. Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organizations number. 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization'. Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day year construction start date I completion date' l declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS Co7SIM:1�7 CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OP TIM CONSTRUCTION COINURACI prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990lidition), as base. Changes to that document are shoum by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CCNTFNTS OF GFNFRAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS .................... .....................I 1.1 Addenda J 1.2 Agreement . ......................................... J 1.3 Application for Payment„.„.........„....„ 1.4 Asbestos 1.5 Bid 1.6 Bidding Documents....._ .............. ........ 1.7 Bidding Requirements........... .............. 1.8 Bonds ................................................. 1.9 Change Order....-- I . ... -.11 ...... 130 Contract Documents 1.11 Contract Price .................................... 1.12 Contract Times ... -- ................. 1.13 CONTRACTOR .................................. 1.14 defective ................ .... . ......... ............ L15Drawings ................................ ........... 1.16 Effective Date of the Agreement 1.17 ENGINEER 1.19 ENGINEERs Consultant .... ......... __J 1.19 Field Order 3 1.20 General Requirements._...................... 1.21 Hazardous Waste .............. .................. 2 1.22.a Laws and Regulations; Laws or Regulations ......................................2 1,22.b Legal Holidays ...................... ............ .2 1.23 Liens ..................................................2 1.24 Milestone . 2 1.25 Notice of Award... ............................... 2 1.26 Notice to Proceed ................................ 2 1.27 OWNER .............................................7 1.28 Partial Utilization ................................ 2 1.29 PCBs 2 1.30 Petroleum ...........................................2 1.31 Project...............................................2 1.32.a Radioactive Material 1,32.b Regular Working Hours„ ........ ............ ;2 1.33 Resident Pr4oct Rcprestritativc.. .......... 1.34 Samples..............................................2 1.35 Shop Drawings .................... ............... 2 1.36 Specifications ................ ............ --__2 1.37 Subcontractor .....................................2 1.38 Substantial Completion ......................... 2 1.39 Supplementary Conditions .................... 2 1.40 Supplier .... .. .......................... ........... 2 1.41 Underground Facilities.,... . ............... .2-3 1.42 Unit Price Work .................................. 3 1.43 Work ..................................................3 1.44 Work Change Directive ..............„......,3 1.45 Written Amendment......,,,,__..-,,,,..... Page Number PRELIMINARY MATTERS ........................ ....... 3 2.1 Delivery of Bonds .............................3 2.2 Copies of Documents ....................... 2.3 Commencement of Contract Times; Notice to Proceed .............. 3 2.4 Starting the Work ............................3 2.5-2.7 Before Starting Construction: CONTRACTORS Responsibility to Report; Preliminary Scliediles, Delivery of Certificates of Insurance 34 2.8 Precoastruction Confm-encq .............4 2.9 Initially Acceptable Scheduleit .......... 4 3. CONTRACT DOCUMENTS: INTENT, AME-JDNG, REUSE ... ....... ........................... _4 3.1-3.2 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies, Reporting and Resolving Dis- crepancies .. 4-5 3.4 Intent of Certain Terms or Adjectives ..................................... 5 3.5 Amending Contract Docuncrits ... ,5 3.6 Supplementing Contract Documents 5 3.7 Reuse of Docum ents ......................... 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands .....................5-6 4.2 Subsurface and Physical Conditions, ................................... 6 41.1 Reports and Drawings .....................6 422 Limited Reliance by CONTRAC- TOR Authorized: Technical Data 6 4.2.3 Notice 4 i5i&;ing Subsurface or Physical ConclitionA ..................15 4.2.4 FNGINEERs Rev iew ......................6 4.2.5 Possible Contract Documents Change........................................ 6 4.2.6 Possible Price and Times Adjustments ............................... 0-7 4.3 Physical Conditions --Underground Facilities ...................................... 7 4.3.1 Shown or Indicated 7 4.3.2 Not Shown or Indicated...................7 4.4 Reference Point:...............................7 LICDC CtNEUL CONDITIONS 1910-8 (19% EDIT109) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Page Article or Paragraph Page Number &- Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material....................7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance. Payment and Other Bonds.................................... ..........? 5.3 Licensed Sureties and Insurers; Certificates of Insurance_..................8 5.4 CONr]RACIOR's Liability Insurance, ........................................ 9 5.5 OWNER's Liability Insurance,,,,,,,,,,,,,, 9 5.6 Property Insurance .............. ........... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insuranoe.................10 5.8 Notice of Cancellation Prowsion_, ... ... 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts 10 5.10 Other Special Insurance....................10 5.11 Waiver of Rights...............................11 5.12-5.13 Receipt and Application of Insurance Proceeds ...................... 10-I1 5,14 Acceptance of Bonds and Insa- once; Option to Replace ...................11 5.15 Partial Utilization --Property Insurance........................................11 CONTRACTOR'S RESPONSIBILITIES ...............11 6.1-6.2 Supervision and Superintendencq...... ,11 6.3-6.5 Labor, Materials and Equipment,.. I1-12 6.6 Progress Schedule..............................12 6.7 Substitutes and 'Or -Equal" Items; CONTRACTOR'S Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation ............. 12-13 6.8-6. 11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ........................13-14 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 6.13 Permits._ 6.14 laws and Regulations ........................14 6.15 Taxes...........................................14-15 6.16 Use of Prem ism................................15 6.17 Site Cleanliness ........ .............. ......_., 15 6,18 Safe Structural Loading.....................35 6.19 Record Documents .............................15 6.20 Safety and Protection ..................J546 6.21 Safety Representative .........................16 6.22 Hazard Communication Programs ...... 16 6.23 Emergencies.....................................16 6.24 Shop Drawings and Samples..............16 6.25 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal .................................... 16 6,26 Shop Drawing & Sample Submit- tals Review by ENGINEER.. , ... 16-17 6.27 Responsibility for Variations From Contract Doctmtents17 6.28 Related Work Performed Prior to ENG1NEER's Review and Approval of Required Submittals ..... ............._...............17 6.29 Continuing the Work ..................... 6.30 CONTRACTOR's General Warranty and Guarantee.............17 6,31-6.33 Indemnification,, ___..__..17-18 6.34 Survival of Obligations ...................18 OTHER WORK ...................................:............. 38 7.1-7.3 Related Work at Sitq......................18 7A Coordination......_.............__........IF S. OWNER'S RESPONSIBILITIES .........................) 8 8.1 Communications to CON- TRACTOR ... _...........................18 8.2 Replacement of ENGINEER.,,,,,,,,,,,18 8.3 Furnish Data andPay Promptly WhenDue..................................18 8.4 Lands and Easements; Reports and Tests.. --- ..... 8.5 Insurance .......................................19 8.6 Change Ord rk..............................19 8-7 Inspections, Tests and Approvals...................................19 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ........................ _,. _....,...19 8.9 Limitations on OWNER'S Responsibilities ... _. _..... ... . 19 8,10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material., ....... ........ -.19 8.11 Evidence of Finance] Arrangements..............................19 9. ENGINEER'S STATUS DURING CONSTRUCTION ............... ................. .............. 9 9.1 OWNER's Representative ............... 19 92 Visits to Site..................................19 9.3 Project Representative .... 9A Clarifications and Interpre- tations .................................... ....21 9.5 Authorized Variations in Vbrk... _...21 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDr11oM w/ CITY OF FORT COLONS MODIFICATIONS (REV 9l99) Article or paragraph Page Article or Paragraph Par Number & Title Number Number & Title Number 9.6 Rejecting Defective Work ................... 71 9.7-9.9 Shop Drawings, Change Orders and Payments ......... _ ........................ 21 9.10 Determinatioas for Unit Prices.,_,,, 21-22 9.11-9.12 Decisions on Disputes, ENGI- NEER as Initial Interprete( .............22 9-13 Limitations on ENGINEERs Authority and Responsibilitie4 ..... 22-23 CHANGES IN THE WORK .......................................23 10.1 OWNEEVs Ordered Change ................23 14. 10.2 Claim for Adjustment .......................23 10.3 Work Not Required by Contract Documents 23 10.4 Change Orders .................................. 23 10.5 Notification of Surety, .... ........ ..... 23 CHANGE OF CONTRACT PRICE .............................23 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work_ ........................... ...... 23-24 11.4 Cost of the work ..........................24.25 11-5 Exclusions to Cost of the Work .......... 25 I1.6 CONTRACTORS Fak ?5 11.7 Cost Records .... ............. ......... 11.8 Cash Allowances ................................ 26 11.9 Unit Price Work ...............................26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment ........................26 12.2 Time of the Essenc; ..........................26 12.3 Delays Beyond CONTRACTORS Control 26-27 12.4 Delays Beyond OWNERs and CONTRACTOR!s Control................27 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DFFEC77YE WORK ..................................................27 13.1 Notice of Defects ...............................27 13.2 Access to the Work.. _.......................27 13.3 Tests and Inspections; CONTRACTORs Cooperation,,,,,,,,, 27 13.4 OWNERS Responsibilities; Independent Testing Laboratory,,,..,, 27 13.5 CONTRACTORs Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval„ ..............27 13.8-13.9 Uncovering Work at ENGI- NEER's Request ....... _ ........ ... 27-28 13.10 OWNER May Stop the Work......... 28 13.11 Correction or Removal of Defective Work ...........................78 13,12 Correction Period .......................... n 13.13 Acceptance ofDefective Work .... .... 28 13.14 OWNER May Correct Defective Work..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION.................................................29 14.1 Schedule Of Values........................29 142 Application for Progress Payment ..................................... 29 143 CONTRACTORs Warranty of Title........................................... 29 144-14.7 Review of Applications for Progress Payments ................. -A)-30 14.9-14.9 Substantial Completion ..................30 14.10 Partial Utilization ...................... 30-31 14.11 Final Inspectiort .............................31 14.12 Final Application for Payment,... .... 31 14.13-14.14 Final Payment and Acceptance ...... ,31 14.15 Waiver of Claims .......... ........... 31-32 15. SUSPENSION OF WORK AND TERMINATION ............................................... �32 15.1 OWNER May Suspend Work,,,,,,,,, 32 15.2-15.4 OWNER May Terminate .............. _12 15.5 CONTRACTOR May Stop Work of Terminate . ................. 32-33 16. DISPUTE RESOLUTION..................................33 17, MISCEI.LANEOUS ..........................................33 17.1 Giving Notice...........................33 17.2 Computation Of Times ..................1.33 17.3 Notice of Claim ..............................33 17.4 Cumulative Remedies .....................33 17.5 Professional Fees and Court Costs Included......... I ................... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank .......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC ­AI 16.1-16.6 Arbitration .... ................... .... _r jC-AI 16.7 Mediation ...............................GC -A] EK'DC GENERAL CONDITIONS 1910-9 (1990 EDITION) W/ CITY OF FORT COLUNS MODIFICATIONS OWV 9M) INDEX TO GENERAL CONDITIONS City of Fort Col fins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insuraneq ........................................5.14 defective Work ...... ....... ............. )0.4-1,13.5,13.13 final payment ........................................9.12, 14.15 insurance .........................................................5.14 other Work by CONTRACTOR ..........................7.3 Substitutes and 'Or -Equal" Item* ..................... §.7.1 Work by OWNER .............................. 25.6.30,634 Access to the -- Lands, OWNER and CONTRACTOR responsibilities. ............................................ 4.1 site, related Work .... ...... ....... ............... 7.2 Work . .................. ...... ................ 13.2.13.14,14.9 Acts or Omissions-, Acts and Omissions — CONTRACTOR... ................................ 6.9,1,9.13.3 ENGINEER ..........................................6.20, 9.13.3 OWNER ...... ___ ........ ............................ 0.20,8.9 Addenda --definition of (also see definition of Specifications) ...... fl.6.1.10.6.19). 11 Additional Property Insurances ................................. 5.7 Adjustin ents— Contract Rice or Contract Times ................ __ ...... 1.5.3.5. 4.1, 4.3.2, 4.5.2, ..............................4.5.3, 9.4. 9.5.10.2-10A. .... I ........ .... I .......... I ........... 11. 12, 14.8,15.1 progress schedule.. ........................................... _6_6 Agreement— definition of 'All -Risk' Insurance, policy farm ........................... $.6.2 Allowances, Cash ....................................................11.8 Amending Contract Document; ................................ 3.5 Amendment, Written -- in general ................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2 ................... 9.2, 6.19.10.1. 10.4.11.2 12.1,13.12.2,14,7.2 Appeal. OWNER or CONTRACTOR intent to 10.4, 16.2, 16,5 Application for Payment -- definition of ...................................................... 33 ENGINEERs Resportsibility ........................... _.9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4,9.13.5,14.12-14A5 in general .......................... ;.8, 2.9,5.6.4.9.10, 15.5 progress payment ...................................... J4.1-14.7 review of....__. - - . ........ I—— ................ 114.4-14.7 Arbitration ................................... ................. 16.1-16.6 Asbestos — claims pursuant thcretq ................ ..... 4.5.2,4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................................1.4 Article or Paragraph Number OWNER responsibility for,,,.,,,_,,,,,,,,,,,,,,,,,,, 8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, 4.31 Authorized Variations in Work.... ..... 3.6,6.25, 6.27, 9.5 Availability of Lands..._ ........................... ___4.1. 8.4 Award, Notice of --defined .......................................1.25 Before Starting Constructiork .............................. 23-2.8 Bid --definition of ........... ............ 1.5 (1.1, 1.10, 2.3, 33, ........... ............. 4.2.6.4, 6.13, 11.43, 11.9.1) Bidding Documents —definition Of................................................1.6(6.8.2) Bidding Requirements —definition of .........................................1.7 (1.1, 4.2.6.2) Bonds -- acceptance of....................................................5.14 additional bonds 10.5,12.4.5.9 Cost of the Work__ ...................... ............... 11.5.4 definition of ................................. ..................... J.8 delivery of ................... ............................ 2.1,5.1 final Application for Payment,,,,,,,,,,,,,,,, 14.12-14.14 general ...................................... J.10, 5.1-5.3, 5.13, ­.­ ....... I .... I ...... ­ ........... 9.13, 10.5,14.7.6 Performanice, Payment and Other .................. 5-1-5.2 Bonds and Insurance --in general .................................5 Builder's risk "all-risk' policy form ........................542 Cancellation Provisions, insurance..,,,.., 5.4,11, 5.8, 5.15 Cash Allowances....................................................11.8 Certificate of Substantial Completion, ....... 1.38. 6.30.2.3, ........... .......... ........................... 14.8,14.10 Certificates of Inspection ...................9.13.4, 13.5, 14.12 Certificates of Insurance ............. 2.7. 5.3. 5.4.11. 5.4.13. .......................5.6.5.5.8, 5.14, 9.13.4,14.12 Change in Contract Price. - Cash Allowances J1.8 claim for price adjustment ..... ....... 4.1. 4.2.6. 4.5. 5.15, 6.8.2. 9.4 ................... 93. R 11. 10, 2. 10.5. 112, 139. .................. .... 13.13, 13.14, 14.7. 15J, 15.5 CONTRACTORs fee ......................................... 11.6 Cost of the Work general ....... _ ...................................... 11.4-1 L7 Exclusions to 11.5 Cost Records......_......_....................................11.7 in general .............J.19, 1,44, 9.11, 10.4.2, 10.4.3. 11 Lump Sum Pricing .......................................... 11.3.2 Notification of Surety .......... ..................... .......10.5 Scope of,... .............. ........ ............... .... JO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC OMMe CONDITIONS 1910.8 (1990 ED1110M w/ CITY of FORT COLLINS MODIFICATIONS MEV 9199) Unit Price Work........__............................11.9 Article or Paragraph Number Value of Work .................................................11.3 Change in Contract Times — Claim for times adjustment ........ A.], 4.2.6, 4.5. 5.15, ........... 6.8.2, 9.4. 9.5,9.11. 10.2, 10.5,12.1. ...... 13.9, 1113, 13.14, 14.7, 15.1. 15.5 Contractual time limits,,,,,,,,,,,,,, __ ................. 12.2 Delays beyond CONTRACTORS control r)elays beyond OWNERS and CONTRACTORS control .............................12.4 Notification of surety .........................................10.5 Scope of change ....................................... 10.3-10.4 Change Orders -- Acceptance of Defective Work. ......... ....... ....... )3,13 Amending Contract Documenq .........................3.5 Cash Allowances .................. 111 Change of Contract Price., ................................... I I Change of Contract Times.,...._ _......................... 12 Changes in the Work .................. ........................ 10 CONTRACTORS fee ...................................... _11.6 Cost of the Work ....................................... 11.4-11.7 Cost Records . .......... )1.7 definition of .......................................................1.9 emergencies .....................................................0.23 ENGINEERS Tesponsibility ....... 9.8.10.4.11.2.12,1 execution of ..................................................... )0.4 Indemnifiction ......................... 0.12,6.16, 6.31-6.33 Insurance, Bonds and ..... ............. 5.10,5.13,10.5 OWNER may tcrmmate, ......... ............. 15.2-15.4 OWNERS Responsibility ... . ......... .............. $.6,10.4 Physical Conditions— Subsurface and ............. ............................... 4.2 Underground Facilities .............................4.3.2 Record Doc=cnts.,,., ........... ...... ... ..............6.19 Scope of Change ....................................... 10.3-10.4 Substitutes ............................................. . 6.7.3,6.8.2 Unit Price Work ...............................................11.9 value of Work, covered by .................................11.3 Changes in the Work .................................................)0 Notification of surety ........................................ 10.5 OWNERS and CONTRACTOR's responsibilities ................ ........... ............. JO.4 Right to an adjustment ......................................10.2 Scope of change ............ . ........... ........... 10.3-10.4 Claims -- against CONTRACTOR ....................................6.16 against ENGINEER ......................................... . 6.32 against OWNER .............................................. 0.32 Change of Contract Pricq ........................... 9.4,11.2 Change of Contract Times .......................... 9.4,12.1 CONTRACTORS .............4, 7.1.9.4,9.5.9.11. 10.Z ........................... 11.2,11.9,12.1, 13.9,14.8, ---------- 15.1. 15.5.17.3 OONTRACTOR's Fee.,... ..... ...... .... ­ ...... . ...... 31.6 Article or Paragraph Number CONTRACTORS liability,,,,,,,,,, 5.4.632, 6.16, 6.31 Cost of the Work......._..........._ ....... ......... 11.4,11-5 Decisions on Disputes,,,,,_„___.-„ ...... ...... _.9.11, 9.12 Dispute Resolution ............................................16.1 Dispute Resolution Agreement ................... 16.1-16.6 ENGINEER as initial interpreter ....................... 9.11 Lump Sum Pricing ................ _ ......... ....... ...... 11.3.2 Noticeof .......................................................... )3.3 OWNERS .................... 9.4.9.5.9.11, 10,2, 11.2,11,9 ........................12.1. 13.9, 13.13. 13.14. 17.3 OWNER!s liability ............................................. 5.5 OWNER may refuse to make payment ................ 14.7 Professional Fees and Court Costs Included .......................................17.5 ..........*.........17.5 request for formal decision op............................Q.11 Substitute Items.................._.......................0.7.1.2 Time Extension. . ......... ..................................... 12.1 Time requirements ................... _ .............. 9.11,12.1 Unit Price Work .............................................11.93 Valueof ........................................................... ),1.3 Waiver of --on Final Payment ................. J4.14,14.15 Work Change Directivik ....................................10.2 written notice require4 ......................9.11, 1 I.Z 12.1 Clarifications and Interpretation:k ........... ).6.3,9.4,9.11 CleanSite .............................................. ........... _�.17 Codes of Technical Society, Organization or Association ..................................................3.3.3 Commencement of Contract Times ...................... 2.3 Communications -- general ..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs .......................622 Completion — Final Application for Paym en; ..........................14.12 Final Inspection ............................................J4.11 ..... . ........ ..........................14.11 Final Payment and Acceptance ............... J4.13-14.14 Partial Utilization ., ............................... __ ...... 14.10 Substantial Completion,_,"I" .... I ...... 138, 14.8-14.9 Waiver of Claims ............................................34.15 Computation of Times ........ ....... .............. 17.2.1-17.12 Concerning Subcontractors, Suppliers and Others . ........... &M.11 Conferences -- initially acceptable schedules ..............................2.9 preeonstructiork ...................................................18 Conflict, Error. Ambiguity, Discrepancy — CONTRACTOR to Report .... ...... ........ 2.5,33.2 Construction, before starting by CONTRACTOR ..................... 2.5-2.7 Construction Machinery, Equipment. etc ..................AA Continuing the Work ................. ................... 6.2%10.4 Contract Documents — Amendi ng..................... .................................... 33 Bonds............................................................. 5.1 EXDC GENEM CONDITIONS 1910-3 (IM EDITION) wl OTY OF FORT CUUM MODIFICATIONS (REV 91") Cash Allowances............_ ..... __ ........ .............. JI-8 Article or Aragraph Number Change of Contract Priq .................................... I I Change of Contract Times ................. ................ 12 Changes in the Work ................................ 10.4-105 check and veril.................................................2.5 Clarifications and InterpretatioM .........................3.2, 3.6. 9.4. 9.11 definition of.,,, ....... ........... .................... ....... 1,10 ENGINEER as initial interpreter of., ................. 9.11 ENGINEER as OWNER's representative .............. 9.1 general3 Insurance............................. _ ............. ......... 53 Intent........ ..................... ......................... 3.1-3.4 minor variations in the Work ..... ........................ 3.6 OVJI,MR!s responsibility to furnish data,,,,,,,,,,,,,, 8.3 OWNFR's responsibility to make prompt payment ..........................8.3, 14.4, 14.13 precedence ................................................3.1, 3.3.3 Record Documents ........................................... 6 19 Reference to Standards and Specifications of Technical Societicit ................................... 3.3 Related Work ....................................................7.2 Reporting and Resolving Discrepancies,,,,,.., �2.5, 3.3 Reuse of Supplcni�n ............................ .J.6 Termination of ENGINEEKs Employment ......... 8.2 Unit Price Work ...............................................11.9 variations .......................................... 3.6. 6.23, 6.27 Visits to Site, ENGINEERs ................................ 9.2 Contract Price — adjustment 4 ................ 3.5, 4.1, 9.4. 10.3, 11.2-11.3 Changeof......................................................11 Decision on Disputes ........................................9.11 definition or Contract Times -- adjustment of, .......................... 3.5.4.1. 9.4,10.3,12 Change or ................. .......... ................... 12.1-12.4 Commencementof 23 definition of .....................................................1.12 CONTRACTOR — Acceptance of Insurancek ... _ ............ .......... ..... 5.14 Comm unicatiorm Continue Work ........................................6.29,10.4 coordination and scheduling...........................6.9.2 definition of ..................................................... 3-13 Limited Reliance on Technical Data Authorized ..... .... A2.2 May Stop Work or Terminate............................15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, . . 72,13.2 Safety and Protection .... ............ 4.3.1-2,6.16, 6-18. . ............. * .................. 66 .21-23, 7.2,13.2 ..................................... Shop Drawing and Sample Review Prior to Submittat ........................................ 6.25 vil Stop Work requiremerA4 .............. __ ....... ___4.5.2 CONTRACTOWs— Article or Paragraph Number Compensation, ............................ .... ......... 11.1-11.2 Continuing Obligation ............... ....................14.15 Defective Work... ... ......................... 9.6, 13.10-13.14 Duty to correct defective Work,,..._................... 13.11 Duty to Report -- Changes in the Work caused by Emergency. ...... ...................... .......... 6.23 Defects in Work of Others ..............................7.3 Differing conditions.....,..... 4.1 1.. , .... I ......... ­ 4.2.3 Discrepancy in Doc uments ........ 2.5. 3.3,2, 6.14.2 Underground Facilities not indicatc4 .......... 4.3.2 Emergencies .....................................................0.23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cast Plus ......................... 11_4.5_6,11.5.1, IL6 General Warranty and GuaranW ....................... 0.30 Hazard Communication Progranisk .....................0.22 Indemnification., ....................... 4. 1Z 6.16. 6,31-6.33 Inspection of the Work ............................... 7.3,13A Labor, Materials and Equipment .................... 6.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................5A Notice of Intent to Appeal ......................... 9.10,10.4 obligation to perform and complete theWork .................................................. 6,30 Patent Fees and Royalties, paid for by ................ 6.12 Performance and Other Bonds 5.1 Permits. obtained and paid for by .......................6.13 Progress Schedule ...........................2.6, 18,29,66, ................................... §.W. 10.4.15.21 Request for formal decisionon disputes,,,,,,,,,,,,,, 9_11 Responsibilities— Changes in the Work ..................................10.1 Concerning Subcontractor, Suppliers and Others .....................................6.8-6.11 Continuing the Work . ........................ fi-29,10.4 CONTRACTORs expense...........................0.7.1 CONTRACTORs General Warranty and Guarantee 6.30 CONTRACTOks review prior to Shop Drawing or Sample submittal ................. 6.25 Coordination of Work ................................6.9.2 Emergencies ............................................... 6_23 ENGINEERs evaluation, Substitutes or "Or -Equal" Items .............................6.7.3 For Acts and Omissions of Others 0,9.1-6.9.2,9.13 for deductible am ourits.instranoe. .................. 5,9 general ........................................6, TZ 7.3,8,9 Hazardous Communication Programs_..,.,,,, 6.22 Indemnification ................................... 6.31-6.33 EJCDC GENERAL CONDITIONS 19104 (19% EDITION W/ MY OF FORT COLLINS MODIFICATIONS (REV 9M) SECTION 00100 INSTRUCTIONS TO BIDDERS Labor, Materials and Equipment ......... ­ - 6.3-6.5 Laws and Regulations ...... ....... .............. 634 Liability Insurance. � ...................................... 5.4 Article or Paragraph Number Notice of variation from Contract Documents, .......................................... 6.27 Patent Fees and Royalties ................ ............ fi. 12 Permits...................................................... 6.13 Progress Schedule-, ............. ............ ... ......... 46.6 Record Documents ........ 6.19 related Work performed prior to ENGINEERS approval of required submittals.,,., .. ............. ........................ 6,28 safe structural loading .................................6.18 Safety and Protection....................6.20, T2, 13.2 Safety Representative_ .................. ­ ­ ....... 6,21 Scheduling the Work ..................................6.9.2 Shop Drawings and Samples ........................0.24 Shop Drawings and Samples Review by ENGINEER. ...................... ............... 626 Site Cleanliness........................................ _ 6.17 Submittal Procedures ................................... 6.25 Substitute Construction Methods and Procedures 7.2 Substitutes and "Or -Equal" Items................0.7.1 Superintendence ............. ....... ..................... §.2 Supervision..... __ ........................... ..............6.1 Survival of Obligations__ ............................6.34 Taxes.......................................................... 6, 15 Tests and Inspections ..................................13.5 ......................'.......13.5 ToReport ........... __' ­* ........ , ....... I.... ... I ..... 12.5 Use of Premises ...................... 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal........................................6.25 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim............ 4, 7.1, 9.4,9.5, 9A 1, 10,2,11.2- ... I ...... 11.9, 12.1, 13.9. 14.8. 15.1, 15.5. 17.3 Safety and Protection ................... 6.2".2Z 7.2.13.2 Safety RepreserUtive ......... .. ......................... 6.21 Shop Drawings and Samples Submittals,,,, 6.24-6.28 Special Consultants.. ­................. .... .. ....... 11.4A Substitute Construction Methods and Proccdures.63 Substitutes and "Or -Equal" Items, Expense .................................. ........ 6.7.1,6.7.2 Subcontractors, Suppliers and Other4 ........... 6.8-6.11 Supervision and Superintendeneq ......... 6.1,6.2, 6.21 Taxes. Payment by ............................ ............... 6.15 Use of Prem ices.......... _......................... _k-16.6.18 Wan antics and guarantees ......................... 0.5.6.30 Warranty of Title ..............................................14.3 ...............14.3 Written Notice Requirtxl- CONTRACTOR stop Work or terminate ....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................ 4,23 Substantial Completion-, ............................. 14.3 viii CONTRACTORS -other, ............. .... 7 Contractual Liability Insurance......._..,_ ....... ........ 5A.10 Contractual Time Limit.........................................12 2 Article or Paragraph Number Coordination— CONTRACTORs responsibility ........................6.9.2 §.9.2 Copies of Documents ............................................... :2.2 Correction Period ..................................................13.12 Correction, Removal or Acceptance of Defective Work-- in general ...................................10.4.1, 13.10-13.14 Acceptance ofDefective Work ...........................13.13 Correction or Removal of Defechve Work ............................... Correction Period ............................................ 1332 OWNER May Correct Dqfectrve Work. ., . . ...... 13.14 OWNER May Stop Work ............................. _113.10 Cost - of Tests and Inspections ....................................13.4 Records 11.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ..............................................1 A2 CONTRACTORS Fee .......................................11.6 Employee Expenses ......................................11.4.5.1 Exclusionst.....................................................11.5 General 11.4-11.5 Home office and overhead expenses, .................. j 1.5 Losses and damages ..................................... 11.4.5.6 Materials and equipment..._..............._......._.. 11.4.2 Minor expenses ...........................................11.4.5.8 Payroll costs on changes .................................11.4.1 performed by Subcontractors ..... ............ 11.4-3 Records 11.7 Rentals of construction equipment and machinery ................. ...................... 11 A.5.3 Royalty payments, permits and license fees . j 1.4.3.5 Site office and temporary facilities ................11.4.5.2 Special Consultants, CONTRACTORs ............ j 1.4.4 SupplcmeaW.................................................11.4.5 Taxes related to the Work ............................11.4.5.4 Tests and Inspection .........................................13.4 Trade Discounts .......................................... _.) 1.4.2 Utilities, fuel and sanitary facii1itiep ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work ...............................................13.6.13.7 Cumulative Remedies.., _...--.- ...... ...... .......... J7.4-17.5 Cutting, fitting and patching ........ ...... . .................. 7.2 Data, to be furnished by OWNEP% .............................8.3 Day -definition of ................................................17.2.2 Decisions on Disputes, .... ........... .............. �9.11, 9,12 defective --definition of .................................... _3.14 defective Work -- Acceptance of .......... ....................... 10.4.1, 13.13 EJCDC GENERAL CONDITIONS 1910-9 (IM EDITION) w/ CITY OF FORT COLLINIS MOD71CATIONS XV 9/99) Correction or Removal of 10.4,1, 13.11 Correction Period 13.12 in general .........................................13, 14.7. 14.11 Article or paragraph Number Observation by ENGINEER . ............................... 912 OWNER May Stop Work ................................. 13.10 Prompt Notice of DeAKU ...................................13.1 Rejecting..................................... ........ ........... 9.6 Uncovering the Work..._ ... 33.8 Definitions I Delays ................................. 4.1. 6.29, 12.3-12.4 Delivery of Bonds .....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions - Noticeof ------ .... ........................ - ... ­ ...... .... 4,23 ENGINEER!s Review ......................................4.2.4 Possible Contract Documents ChiatV ......... Possible Price and Times Adjustment* ............. 4.2.6 Discrepancies -Reporting and Resolving ................................2.5. 3.3.2, 6.14.2 Dispute Resolution- Agreemenk ................... ........................... 161-16.6 Arbitration ......................... ..................... 16-1-165 gentra116 Mediation........................................................16.6 Dispute Resolution Agreement_ ...................... 16.1-16.6 Disputes, Decisions by ENGINEER ................... P. 11-9.12 Documents -- Copiesof...........................................................2.2 Record 6.19 Reuseof . ...................................... ............. ....... 3.7 Drawings --definition of ............... .......................... J.15 Easements A.1 Effective date of Agreement -- definition qf .............).16 Emergencies_....... ................ ......... ____ .............. 6..23 ENGINEER - as initial interpreter on dispute; ................ 9.11-9.12 definition of Limitations on authority and responsibilitics... ... 9.13 Replacement of". ... ........... 8.2 Resident Project Representative ..........................9.3 ENOINEERs Consultant -- definition of ..................1.18 ENGINEER!s-- authority and responsibility, limitations on ........ 9.13 Authorized Variations in the Work ..................... 9.5 Change Orders, responsibility for...... 9.7.10,11. 12 Clarifications and Interpretation; .... . ........ 3.6.3,9.4 Decisions on Disputes ..... .......................... 9.11-9.12 defective Work, notice of ..................................13.1 Evaluation of Substitute Items ........... .............. 0.7.3 Liability ............................................. ..... 0.32,9.12 Notice Work is Acceptable ...................... ....... 14.13 Observations ...........................................6.30.2, 9.2 OWNER's Representative ......... * ....... 9.1 Payments to the CONT%�ibi� ....... Responsibility for ._-, ................................ 9.9,14 Recommendation of Payment,,,„............_14.4.14.13 Article or Paragraph Number Responsibilities --Limitations oi) ....... ........ 9.11-9.13 Review of Reports an Differing Subsurface and Physical Conditions, ............................. 4.2.4 Shop Drawings and Samples, review responsibility ...... ................................. .fi.26 Status During Construction -- authorized variations in the Work .................. 9.5 Clarifications and Interpretationo ..................9.4 Decisions an Disputes .................... _ .... 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter--------. 9.11-9.12 ENGINEFTs Responsibilities, ....... . ...... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative ............................:9.1 Project Representative ................. ................. 9.3 Rejecting Defective Work ..............................9.6 Shop Draxings, Change Orders and Paymenuk ................. ........ __....9.7-9.9 Visits to Site 9.2 Unit Price determinations ............................ _...9.10 Visits to Site .................. ..................................... 9.2 Written consent require4 ..............................72, 9.1 Equipment, Labor, Materials an4 ........................ 6.3-6.5 Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment ........................¢3 error or omissions .................................................. 0.33 Evidence of Financial Arrangements... .................... IIAI Exploratiorts of physical conditions ........................ 4,2.1 Fee, CONTRACTORs--Costs Plug .......................... JIZ Field Order - definition of ......................................... ...... __J.19 issued by ENGINEER ........... .......... . ........ 3.6.1,9.5 Final Application for Payment ..............................14.12 Final Inspection ....................................................14.11 Final Paymem- and Acceptance ... I .......... ­ ....... ......... 14.13-14.14 Prior to, for cash aflovaric" 31.8 General Provisions ..... ........ ......... ............ 17.3-17.4 General Requirements - definition of .....................................................1.20 principal references tQ'r ...... ..... 2.6.6.4, 15.".7,6.24 Giving Notice ...................._ ....... ........................ 17.1 Guarantee of Work -by CONTRACTOR ......... 6.30,14.12 Hazard Communication Programs., ................. . ...... 0.22 Hazardous Waste - definition of .....................................................1.21 general............................................................ 4.5 OWNER's responsibility for ............................... 8.10 EXMC GENERAL COMMONS 1910.8 0990 EDITION] W/ aTY OF FORT COL MS MODIFICATIONS OMV 91M Indemnification (t.12.6.16, 631-6.33 Initially Acceptable Schedules.................................2.9 Inspection -- Certificates of..............................9.13.4, 13.5, 14.12 Final........................................ .................. 14.11 Article or Paragraph Number Special, required byENGINEER .........................9A Tests and Approval.............................8.7. 13.3-13.4 Insurance — Acceptance of, by OWNER...............................5.14 Additional, required by changes in the Work...........................................11.4.5.9 Before starting the Work .................................... 2.7 Bonds and --in general..........................................5 Cancellation Provisions ..................................... 5.8 Certificates of .... .......2.7, S. 5.3, 5.4.11, 5.4.13, ...............5.6.5. 5A 5,14, 9,13.4, 14.12 com pleted operations.....................................5.4.13 CONTRACTORS Liability..................................5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability......................................5.4. )0 deductible amounts. CONTRACTORs responsibility ................................................5.9 Final Application for Payment ........................ 14.12 Licensed Insurers................................... ...........5 .3 Notice requirements, material change;......, 3.8, 10.5 Option to Replace...............................--.........3.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds..............3.12-5.13 OWNER's Liability ............................... ............ 5.5 OWNERS Responsibility, ......................... .......... 8.5 Partial Utilization, Property Instaancq...............5.15 Property.....................................................$.6 5.10 Receipt and Application of Insurance Proceeds .................... .......................... 5.12-5.13 Special Insurance_ ................................... _......5.10 Waiver of Rights- ............................................ 5.Il Intent of Contract Documents ............... ........ ....... 3.1-3.4 Interpretations and Clarifications .....................}.6.3, 9.4 Investigations of physical condition; ......................... 4.2 Labor, Materials and Equipment. ......... ........ . ..... 63-65 Lands -- andEasements ........................................ ........... $.4 Availability of.............................................A.I. SA Reports and Tests, .............................................. $.4 Laws and Regulations —Laws or RWAatiou-. Bonds_. ..... ........... ....................................5.1-5.2 Changes in the Work.. ... ._ ............................... 10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities .................... 614 Correction Period, defective Work....................13.12 Cost of the Work, taxes...............................11.4.5.4 definition of..................................................1.22 gencral6.14 Indem ni frcatiort..................................... .......... Insurance, ... ......................... ................... ... 3.3 Precedence ................................ ........ ....... 3.1, 3.3.3 Reference to................................................3.3.1 Safety and Protection ............................... 6.20, 13.2 Subcontractors, Suppliers and Others.,,,,,.,,, ........... Article or Paragraph Number Tests and Inspections . ............................ _..- 13.5 Use of Premises................................................6.16 Visits to Site. _.................. ................... 9.2 Liability Insurance-- CONTRACfOR's................................................5A OWNERS.................... ........... ............ _...... ........ 5.5 Licensed Sureties and Insurerg................................. 5.3 Liens -- Application for Progress Payment .......................14.2 CONTRACTOR's Warranty of Title...„............._14.3 Final Application for Payment ..........................14.12 definition of ....................................... .............. -1..23 Waiver of Claims............................................14.15 Limitations on ENGINEER!s authority and responsibilities..................................................9.13 Limited Reliance by CONTRACTOR Authorized ...... ............ ......................... ........... 4,2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence.. ................................. ........._.3.3.3.1 Reference to in Contract Document;.................3.3.1 Materials and equipment -- furnished by CONTRACTOR..............................6.3 not incorporated in Work..................................14.2 Materials OI equipment--egmYelen............................ 0.7 Mediation (Optional)..............................................16.7 Milestones --definition of........................................1.24 Miscellaneous -- Computation of Times....................................._17.2 Cumulative Remedies........................................17.4 Giving Notice ....................................................17.1 Notice of Claim ....... .... ............. ............ ..- ........ -17.3 Professional Fees and Court Costs Incltido4......... 17.5 Multi -prime contracts ................................................. T Not Shown or Indicated.-_.. ................ ­.­ .......... A-3.2 Notice of — Acceptability of Project.....................................14.13 Award definition o(.........................................J.25 Claim............................................................1.7.3 Defects.13.1 Differing Subsurface or Physical Cmditionp...... 4.2.3 Giving............................................................1.7.1 Tests and inspection:; ........................................13.3 Variation, Shop Drawing and Stm1plo.................0.27 Notice to Proceed — definition of......................................................L26 givingof............................................................2.3 E1CDC GENE1LAL CONDITIONS 1910.8 (19% EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Notification to Surety..........._ ........... ..................... jO.5 Observations, by ENGINEER ......................... _630, 9,2 Occupancy of the Work ..................5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR . ...............6.9. 9.13 Open Peril policy form, Insurance .......................... 5..6.2 Optionto Replace ....................................................5.14 Article or Paragraph Number "Or Equal* Items ................................ ..................... 6.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER -- Acceptance of defective Work ........................... 13.13 appoint an ENGINEER ......................................8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lends, responsibility ....................4.1 definition of .....................................................1.27 data, furnish . .................. ..... _ .... _ ....... __ ....... $3 May Correct Defective Work .............................13.14 May refuse to make payment ....... ..................... JA_7 May Stop the Work.........................................13.10 May Suspend Work. Terminate .. ........................ $,8.13.10,15.1-15.4 Payment, make prompt .................... $.3.14.4,14.13 performance of other work ................................. 7.1 permits and licenses, requiremems....................0.13 purchased insurance requirements,,,,,,,,,,,,,, 5.6-5.10 OWNER!s­- Acceptance of the Work .............................. 0,30.2.5 Change Orders, obligation to cx=* ......... A6,10A Communications ........................ ............ .......... $.I Coordination of the Work,,,,,,,,,,,,,, ..7.4 Disputes, request for decision ............................ Q11 Inspections, tests and approvals .................. $.7,13.4 Liability Insurance ................... . ........................ 5.5 Notice of Defects .............................................. J3.1 Representative --During Construction, ENGINEERS Stems .............. .................. 9.1 Responsibilities— Asbestos, PCBs, Petroleum, Hamdous Waste or Radioactive Material ................ P.10 ChangeOrders..............................................8.6 Changes in the Work .................................. 10.1 communications 8.1 CONTRACTORS responsibilities .................. 8.9 evidence of financial arrangementVi .............. $.11 inspections, tests and approval$ ..................... A.7 insurance lands and easements .... .................. ............. 8.4 prompt payment by ................ ........ ...... _ .... 9.3 replacement of ENGINEER ........................... $.2 reports and tests ............................................ 9.4 stop or suspend Work .................. 8.8,13.10,15.1 terminate CONTRACTORs services 8.8.15.2 separate representative at ritj ............................. P.3 testing, independent,...,,_ ....... use or occupancy of the Work written consent or approval required ............................ ..' ... I ...... _- J3.4 5.15, 6.30.2.4, 14.10 .............9.1, 63, 11A EJCW, GENERAL CONDMONS 1910-8 (1990 ED1110M w) CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number written notice required„_ ........ ........... 7.1. 9.4, 9.11, ...... _............................11.2, 11.9. 14.7, 15.4 definition of ...... _....... ..... ................. ............. 1.29 general. ................................ ............................ 4.5 OWNER's responsibility fa...............................8.10 Partial Utilization -- definition of.....................................................1.28 general 6.30.2.4. 14.10 Property insurance ............................................ 5.15 Patent Fees and Royalties ....................................... 6.12 Payment Bonds ................................................... 5.1-5.2 Payments, Recommendation of..............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ......................)4.2 CONTRACTOR's Warranty of Title...................14.3 Final Application for Payment .........................)4.12 Final Inspection .............................................14.11 Final Payment and Acceptant;...............14.13-14.14 general.........................................................$ 3, 14 Partial Utilization ................................. ..........14.10 Retainage..........................................................14.2 Review of Applications for Progress Payments .... ...... _..................14.4-14.7 promptpayments ........ .......................... .......... ...$.3 Schedule of Values ............................................ J4.1 Substantial Completion,_.................._..._..14.8-14.9 Waiver of Claims............................................14.15 when payments due................................14.4, 14.13 withholding payment.........................................14.7 Performance Bonds ... ......................................... 5.1-5.2 Permits............................................................0.13 Petroleum -- definition of..................................................).30 general..............................................................4.5 OWNER's responsibility far...............................8.10 Physical Conditions— Drawings of, in or relatingtq ........................4.2.1.2 ENGMER's review.........................................4.14 existing structures ................. ............................ 4:2.2 general4.2.1.2.......................................................... Notice of Differing Subsurface or......................4.2.3 Possible Contract Documents Change...............1.25 Possible Price and Times Adjustments..............416 Reports and Drawings ..................................... 4.2.1 Subsurface and....................................................4.2 Subsurface Conditions., .................................4.2.1.1 Technical Data, Limitd Reliance by CONTRACTOR Authorized„,,,,,,,,,,,,,,_,-,.. 4.22 Underground Facilities — general........... .............................................. 4-3 Not Shown or Indicted ............... ................4.3.2 Protection of ............................... ......... 4.3.6,20 Article or Paragraph Number Shown or Indicated................................................4.3.1 Technical Data................................................4.2.2 Preconstruetien Confereneq.......................................2.8 Preliminary Matters.....................................................2 Prelim inary Schedules..............................................2.6 Premises, Use o(............................................. ....................................... Price, Change of Contract ......... ................................. I 1 Price, Contract --definition of..................................1.11 Progress Payment, Applications for .......................... )4.2 Progress Payment--retainage...................................14.2 Progress schedule, CONTRACTOR's........... 2.6. 2.8. 2.9. .I........ ...1................... 6.6. 6.29, 10.4, 15.2.1 Project --definition of.. . ........ .......... .................... 1.31 Project Representative— ENGINEERs Status During Construction........... 9.3 Project Representative, Resident --definition of ......... 1,33 prompt payment by OWNER.....................................8.3 Property Insurance-- Additional.........................................................5.7 general5.6-5.10 Partial Utilization................................5.15. 14.10.2 receipt and application of proceeds ............ 5.12-5.13 Protection, Safety and..............................O.M.6.21, 13.2 Punchlist .................................. _..................... ..14.11 Radioactive Material-- defintion oC.....................................................1.32 general4.5 OWNER's responsibility fo...............................?. to Recommendation of Paymenk................14.4, 14.5, 14.13 Record Documents..... _............ _................... 6.19, 14.12 Records, procedures for maintaining ..........................2.8 Reference Points.. .................................................... 4.4 Reference to Standards and Specifications of Technical Societies ........................................ 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work ....... ................................... .6 Related Work -- atSite ........ ............... ............... .................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ,,,,,,,,,,,,,,,,,,,,AN Remedies, cumulative......................................17.4, 17.5 Removal or Correction ofNfecdve Work................13.11 rental agreem ents, OWNER approval required ....11.4.5.3 replacement of ENGINEER, by OWNER ........ ..........8.2 Reporting and Resolving Discrepancies................................2.5, 3.12.6.14.2 Reports__ andDrawings__._...._.._................................4.2.1 and Tests, OWNER's responsibility ....................8.4 Resident and Project Representative— definition of....................................................1.33 provision for .............................................................9.3 Nis EX -DC GENERAL CONDITIONS 1910.9 (1990 EDITION) cal CITY OF FORT COLONS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR'$,,,,,,,,,,,,,,, 6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGINEERs-in general.......................................9 Limitations on.............................................9.13 OWNER's-in general . ..... ........................... I ...... I.... Retainage......................................................... ...14.2 Reuse of Damn cots ................................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................6.25 Review of Applications for Progress Payments ................. .................... 14.4-14.7 Right to an adjustment ........................................... J0.2 Rights of Way...--- ............. . 4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading..........................................6.18 Safety -- and Protection ................................4.3.2, 6.16, 6.18, ....... ........................ ...... .6.20-6.21, 7.2. 13.2 general .....................................................6.20.623 Representative, CONTRACTORs.......................6.21 Samples -- definition of.....................................................1.34 general ... ............................ _....................0.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by ENGINEER..............................6.26. 6.27 related Work ........................ 0.28 submittal of „6.24.2 submittal procedures ............... _........................ 0.25 Schedule of progress.............................2.6, 2.8-29, 6.6, .......................... ..... _6.29, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals..............................2.6, 2.8-2.9, 6.24-6.28 Schedule of Values, ............. ___............. 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to. . .......................... ....... ............. )5.2.1 Adjusting.. _ _....................... ... ..k.6 Change of Contract Times ............................ __10A Initially Acceptable,,,,,,,,,,,,,,,,, 2.8.2.9 Prelim inary ..... ... .................... ....................... 2.6 Scope of Changcs...................................... 10.3-10.4 Subsurface Conditions,,,,,,,,,,,,,,,,,,,, ............ Shop Drawings — and Samples, general ................................ 6.24.6,28 Change Orders & Applications for Payments, and... __...........--- ...........-------9.7-9.9 definition of .....................___..._........ :.......... ...1.35 ENGINEER's approval of.................................3.6.2 ENGINEER's respcnsibility for review ..................................... 9.7, 6.24428 related Work. ........................ ............................0.28 review procedures .............................. 28, 6,24.6.28 Xui Article or Paragraph Number submittal required .......... .......................... ..........624.1 Submittal Procedures.... ........... ......... ........ .....6 25 use to approve substitutions..............................6.7.3 Shown or Indicated...............................................4.3.1 Site Access ..... .......... .................:............... I ..... 7.2, 13.2 Site Cleanliness..................................................... 0.17 Site, Visits to — by ENGINEER ...................... ....... ..-........... .2, 13.2 by others ....... ................... ..... _.......... :... ......13.2 `special causes of loss" policy form, insurance ............-..........................................5.6.2 definition of.....................................................J.36 Specifications— defination of... ................... ....... ..................... 1,36 of'fechnical Societies, reference tp__............... 3.3.1 precedence., ............................... .....................3.3.3 Standards and Specifications of Technical Societie4..................... __.............. 3.3 Starting Construction, Before..............................25.2.8 Starting the Work ............................... ..................._2.4 Stop or Suspend Work— by CONTRACTOR .............................. _........... 15.5 by OWNER ............ ................. ........ 8.8, 13.10, 15.1 Storage of materials and equipment .....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor— Concerning...............................................6:&6.11 definition of....................................................1.37 delays....... ......... ................ ............. ............ .12.3 waiver of rights .................... ......... .................. 0.►1 Subcontractors --in general ................. ................ 6.8-6.11 Subcontracts --required provision* ......... 5.11. 6.11. 11.4.3 Subm ittals-- Applications for Payment.................................14.2 Maintenance and Operation Manuals .............. 14.12 Procedures., .......... .6.25 Progress Schedules......................................16, 2.9 Samples.._ ................" ... ............. ........ .6.2",N Schedule of Values....................................2.6,14.1 Schedule of Shop Drawings and Samples Submissions ...... ...................... ._...... 2.6, 2.8-2.9 Shop Drawings .............. 6.24-6.28 Substantial Completion — certification of ............................6.30.23, 14.8-14.9 definition of, .................... 1.38 Substitute Construction Methods or Procedures....,., 6.7.2 Substitutes and *Or Equal" Items ..... _ ... .._ ...6.7 CONTRACTOR's Expense............................6.7.1.3 ENGINEER's Evaluation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.7.3 "Or -Equal" ............................ _ _...................6-7.1.1 Substitute Construction Methods EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) wI CRY OF FORT COLLtNS MODIFICATIONS (REV 9199) Article or Paragraph Number or procedures .............................................15.7.2 Substitute Items ............................................47.1.2 Subsurface and Physical Conditions -- Drawings of, in or reladig to ........................1.11.2 ENGINEERs Review 4.2.4 general........................................................ ..... 4.2 Limited Reliance by CONTRACTOR Authorized ................... ............... ............. 4.2.2 Notice of Differing Subsurface or Physical Conditions ..........................................4.2.3 Physical Conditions... . ..... ..... ..................... 4-11.2 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustments ...... ........ A.16 Reports and Drawings .. ............ ... _ _ ............ 4.2.1 Subsurface and, .................................................. 4.2 Subsurface Conditions at the SiN ................... Technical Data ................................................4.2.2 Supervision— CONTRACTOR's responsibility ..........................6, I OWNER shall not supervise ................................8.9 ENGINEER shall not supervise,,,,,,,,,,,,,,,, 9.2, 9,13.2 Superintendence ...... ................................................ 0.2 Superintendent, CONTRACTORs resident ...............0.2 Supplemental costs ..............................................11.4.5 Supplementary Conditions -- definition of.....................................................1.39 principal references t9 .................1.10, 1.1 B, 2.2, 2.7, ..................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, *:**"*' ­ .... * 5.11. 6.8, 6.13. 7.4, 8.11, 9.3. 9.10 Supplementing Contract Documents ..........................4.6 Supplier -- definitionof .....................................................1.40 principal references tQ ........... 3.7. 6.5, 6.8-6.11, 6.20, - I — --.... ..... ­.1 ........... 6.24,9.13,14.12 Waiver Of Rights...............................................0.11 Surety — consent to final payment ............... ....... )4.12,14.14 ENGINEER has no duty to................................9.13 Notification o..................................10.1, 10.5.15.2 qualification of...._...__......_ ........................ 5.1-5.3 Survival of Obligations ....................................... _!5.34 Suspend Work, OWNER May. __ ................ . 13.10,15.1 Suspension of Work and Termination-_....................15 CONTRACTOR May Stop Work or Terminate...............................................35.5 OWNER May Suspend Work ............................A5.1 OWNER May Terminate ................... ........ 15.2-15.4 Taxes —Payment by CONTRACTOR .........................0.15 Technical Data — Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments ..............4.2.6 Reports of Differing Subsurface and Physical Conditions......_.........................A.2.3 xiv Temporary construction facilities.............................4.1 Article or Paragraph Number Termination — by CONTRACTOR...........................................35.5 by OWNER .........................................8.8, 15.1-15.4 of ENGINEEks employment ...............................F.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3.4 Tests and Inspections -- Access to the Work, by others . . ......................... )3,2 CONTRACTOR!s responsibilities ......................13.5 cost of 13.4 covering Work prior to ....................... ...... 13.6-13.7 Laws and Regulations (or) ....... ..................... .. 13.5 Notice of Defects.............................................. 13.1 OWNER May Stop Work......_ ........... ............. 13.10 OWNFR's independent testing .......................... J3.4 special, required by ENGINEER ........ ........... ...1.96 timely notice required ......................................13.4 Uncovering the Work, at ENGBIEWs request ................................................. 13.8-13.9 Times-- Adjusting...........................................................0.6 Changeof Contract............................................12 Computation of ...............................................17.2 Contract Times --definition of ...........................1.12 day............................ _ .......................... 17.2.2 Milestones..........................................................12 Requirements -- appeals ..................... ..................... :9.10,16 clarifications, claims and disputek ................. 9.11.11.2,12 Commencement of Contract Times,,,,,,._,,,,.,, :23 Reconstruction Conferencq ..........................2.8 schedules .......................................... 2.6.19,6.6 Starting the Work ............. ................. ....... _2-4 Title, Warranty of . .................... ......... . ................... 14.3 Uncovering Work ............................................ 13.9-13.9 Underground Facilities, Physical Conditions — definition of ....................................................J.41 Not Shown or Indicated ...................................4.3.2 protection of .............................................. 4.3.6.20 Shown or Indicated.........................................4.3.1 Unit Rice Work — claims.........................................................11.9.3 definition of .................................................... J-42 generall L9, 14.1. 14.5 Unit Prices-- gencrall 1.3.1 Determinationfor ........................................... 910 Use of Premises ................................. 6 16, 6.18, 6,30.2.4 Utility owners ............................4.13. 6.20. 7.1-7.3. 13.2 Utilization, Partial ...................1.28. 5.15. 6.30.2.4. 14.10 Valuc of the Work ..................................................31.3 Values. Schedule of,, ............................ Z6. 2.8-2.9,14.1 EXVC CEMRAL COMXTIOM 1910 -9 (19% EDITION) w/ CITY OF FORT COLLMS MODIFICAV ONS (REV 91") Variations in Work —Minor Authorize4 ........................... .......... - 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Sitc—by ENGINEER ................................... %2 Waiver of Claims --on Final Payment .... ................. Waiver of Rights by insured partiq ................ ,5.11, 6.11 Warranty and Guarantee. General —by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTOR's,•.....................14.3 Work -- Accessto..........................................................13.2 byothers............................................................... 7 Changesin the.....................................................10 Continuing the..................................................0.29 CONTRACTOR May Stop Work or Terminate ...............................................15.5 Coordination of ............................. ................ YA Cast of the.................................................11.4-11.5 definition of......................................................1.43 neglected by CONTRACTOR, .......................... 13.14 otherWork., .... _ ........................................... ....... 7 OWNER May Stop Work ........................ ......... 13.10 OWNER May Suspend Work...................13.10. 15.1 Related, Work at Site.....................................7.1-7.3 Starting the,._ ................... ............................... ZA Stopping by CONTRACTOR.............................15.5 Stopping by OWNER ........ ............. ............ 15.1-15.4 Variation and deviation authorized minor ........... 3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of.....................................................1.44 principal references tq ...................... 3.5.3, 10.1-10.2 Written Amendment — definition of......................................................1.45 principal references tq.............. 1.10, 3.5, 5.10,15.12, ........................6:6.2, 6.8:2, 6.19, 10.1, 10.4, _.......--- .............11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations, .................................. 3.6.3,9.4, 9.11 Written Notice Required — by CONTRACTOR.............................7.1, 9.10-9.11, ............................. I............. 10.4. 11.2, 12.1 by OWN13R .................... 9.11,10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910 •a (1990 EDITIOM w/ CITY OF FORT COLUNS MODMCA77ONS piEV 9/99) (This page left hlank intentionally) EJCDC OENETLAL CONUTIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS QtEV 9199) GENERAL CONDITIONS n dtop 31MIla]MI MI(CM Wherever used in these General Conditions or in the other Contract Documents the following terms have the mearnirigis indicated which are applicable to both the singular arced plural thereof.- I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form iui etaf 65 ENGINEER which is to he used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the as above accent action levels established by the United States Occupational Safety and Health Administration. 1.5. Bird —The offer or proposal of the bidder submitted on the prescribed form slitting forth the prices for the Work to be performed. 1.6. Bidding DoctmnenLs—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Adden& issued prior to receipt of Bids). 1.7, Bidding Regndrements--The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds grid other instruments of security. 1.9. Change Order —A document recommended by 1NGDJMR, which is signed by CONTRACTOR and OWNER and authorizes an addition deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued an or after the Effective Date of the Agreement. 1.10. Contract Docnmrents—The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and arty post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the FJCDC GENERAL COMMOMS 191" (1990 Edtim) V CITY OF FORT aAJIM MODIFICATIONS OLEV 42000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 42.1 and 4.2 2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11 9.1 in the case of Unit Nice Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: O to achieve Substantial Completion and (ii)to complete the Work so that it is ready for final payment as evidenced by ENGiNEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Document, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be famished and performed by CONTRACTOR and which have been Prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined 1.16. Effective Date of titer Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the List of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Comsuftant A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor charges in the Work in accordance with paragra��FFin 9.5 but which does not involve a change in the Contractl�r-ce or the Contract Times. SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and adaptability of the materials and services to the particular use required, (8) the 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations -Any and all applicable laws, rules, regulations, ordintinom codes and orders of any and all governmental bodies• agencies, authorities and courts having jurisdiction 1.226 Legal 11ohdays5hall be those holidays observed by the City of Fort Collins. 1.23. Liens -Liars, charges, security interests or encumbrances upon real property or personal property. 1.24. Milestone- A Zing event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward-A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to rim and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 127, OJ NFlt—The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial UtrTration—Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphcnyls 130. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of tompVcHture and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with oiler nor -hazardous Wastes and crude oil& 1.31. Prrjeet—The total construction of which the Work to be provided under the Contract Documents may be the Whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source. special nuclear, or byproduct material as defined by the Atomic Fnergy Act of EXDC GENERAL CONDITIONS 1910411990 E(fitim) w/ CITY OF FORT OOLU NS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 132 b. Regular Worldng Hours; —Regular workine hotas are defined as 7 00am to 6 00pm unless otherwise specified in the General Requirements. 1.33, Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Scanples—Physical examples of materials• equipment or workmanship that are representative of some portion of the Work and which establish the standards by which such potion of the Work will be judged 135. Shop DraRings--AII drawings, diagrams, illustrations, schedules and other data or information which are specifically pparod or assembled by or for CONTRACTOR end submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor ---An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified pan thereof) has progressed to the point where, in the opinion of ENGFNF,ER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete' and "substantially completed" as applied to all or pan of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The pan of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be mcorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Facilines—All pipelines, conduits ducts, cables, wires, manholes, vaults tanks, tunnels or other such facilities or attachments, and any, ereasaments containing such facilities which have been installed underground to furnish arty of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage remuval. traffic or other control systems or water. 1.42. Unit Pnee Work —Work to be paid for on the basis of omit prices. 1.43. Won[ —The entire completed construction or the various separately identifiableparts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and famishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents. all as required by the Contract Documents. 1.44, Work Change Directive—A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions trader which the Work is to be performed as provided in pamgmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued (Mange Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amembnent—A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIl41NARY MATTERS Delivery of Ban&-. 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2? OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished upon request, at the cost of reproduction. Commencement ofConnaci Times; Notice toProceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, Elcoc OENERAL Wn UnOM 191" (1990 6dtion) wf CITY Or FORT COLUNS MODIFICATIONS (REV 42000) if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within th rty days after the Effaxive Date of the _ _ Agreement. r..:n 46 centFg., Times of-Bid-opening-<rthe-thirtieth dey-efterthe-Hf%etive�3ate of the -Agreement; ♦whichever date-israrlief. Starting Ike Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Tunes commerce to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starring Construction: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to ENGINEER airy cwntlict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRAC'l'OR shall not be liable to OWNER or ENGINEER for failure to report arry conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement othesment (unless specified in the General Acquirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.62 a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittnl: 2_62.1. in no_ctse will g schedule be acceptable which allows less than 21 54 ar clays for each review by Enelneer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufticient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and prolit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall eaeh deliver to the ether OATMR, with copies to ENGINEER certificates of insurance (and other evidence of insurance uasF requested bS' OWNER) which CONTRALTO is required to purchase and maintain in accordance with paragraphs 5.4; 5.6snd 5.7. Preeonstruction Conference; 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the partis as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. lakkky Acceptnble Schedules 2.9. Unless otherwise provided in the Contract Documents before am' wrorl at the site begins a conference attended by CONTRACTOR, ENGINEER and others as aptxnpriate desigrnated by OWNER_ will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph2k. and i?twj3i4fl�4StleLa1__xieg4?iFS CAIs CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No Frogress payment shall be made to CONTRACTOR until the schedules are submimd to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to E)COC GENERAL CONDITION'S 1910-8 (090 Emtim) w! CITY OF FORT COLLINS MODIFICATIONS REV 4n000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment such words or phrases shall be interpreted in accordance with that meaning. Clarifications and in n-pretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies Reporting and Resohing Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication shall mean the latest standard specification manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. Il; during the performance of the Wait, CONTRACTOR discovers any conflict error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of arty such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict error, ambiguity eon discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in pamgraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manorial, code or instruction (whether or riot specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, ngents or employees from those set forth in the Contract Document-, nor shall it be effective to assign to OWNER, INGINTER or any of ENGINF,ER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority, to undertake responsibility inconsistent with the provisions or paragraph 9.13 or any other provision of the Contract Documents 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved' or terms of like effect or import are used, or the adjectives "reasonable% "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate. in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assignto ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9,13 or any other provision of the Contract Documents, Amendng and Supplementing Contract Documents 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment 3.5.2. a Change Order (pursuant to paragraph 10.4). or E1CDC GENERAL CONDITIONS 19104 (1990 Edition) w/ CJTY OF FORT COLLINS MODIFICATIONS (REV 4P_000) 3.5.3, a Work Change Directive (pursuant to paragraph 10.1)- 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Wort: may be authon7ed, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.62. INGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6,27), or 3.6.3. ENGINEER'S written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other pawn or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall riot have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereoi) prepared by or bearing the seal of ENGINEER or ENGINEER'S ConsuhaK and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on e-mensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ArailmbiGtr ojLanr6: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to be performed, righL"f=way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon reasonable written request, OWNER shag ftmah GG TTRAgFOn .wee statement -of reoord-legal-64ond legaldescriptionofthe lands--upon--which 4he—Work--4s--ko—ba-prsfurmerl -and AWNERs inlerrst-thereinasnecessay for givingnotice of—or—filing-s—mechanic's -ben- against such -lands- in OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lanais so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in costing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments an the Contract Price or the Contract Times as a result of any delay in OWNER'S furnishing these lands, rights -of - way or casements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and actress thereto that may be required for temporary construction facilities or storage of materials and equipment. 4 Z Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is matte to the Supplementary Condition for identification of, 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENG24EER in preparing the Conrad Dtxammerds; and 4.2.1.2. Physical Conditions. 'Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4 22 Limited Reliance by CONMICTOR Authorized' Teclvrical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEF.R's Consultants with respect to: 422.1. the completeness of such repots and drawings for CONTRAC TOR's purposes, including, but not limited to. any aspects of the meats, methods, techniques, sequences and procedures of construction to be cmployed by CONTRACTOR and safety precautions anti programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.23. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretatiors, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions. if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.23.1. is of such a nature as to establish that any 'technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.32. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3- differs materially from that shown or EICDCOMIOL I. CONDITIOM I91018(1990Er6M) col MY OF FORT COMM MODIFICATIONS (REV412000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered anal generally recognized as inherent in work of the character provided for in the Contract Docum ents; then CONTRACTOR shall, pFamplly immegktttly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by peragraph623), notify OWNER and ENGINEER in wntmg about such condition. CONTRACTOR shall not forther disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEERS findings and conclusions. 4.2.5. Possible Contract Doctunents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Pnce and Dines Az#uslments: An equitable adjustment in the Contract Price or in the Contract Timm or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACfOR's cost of, or time required for performance o£ the Work; subject, however, to the following: 4.2.6.1. such condition must meet anv one or more of the categories described in paragraphs 42.3.1 through 4.2.3.4, inclusive; 4.2.6.1 a change in the Contract Documents pursuant to paragraph 42.5 will not be an automatic authorisation of nor a condition precedent to entitlement to any such adjuslm mt. 4.2.6.3. with respect to Wok that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9: and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew- of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Concoct Price and Contract Ties by the submission of a bid or becoming bound under a negotiated contract or 4.2.6.4.2. the existence of such condition coukl reasonably have been discovered or revealed as a result of anv examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 43. Phusical Condifions—Underground Facilities: 4.3-1. Shown orindcated: The information and data shown or indicated in the Contract Documents with respect to e�:isting Underground Facilities at or contiguous to the site is baud on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and 43.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iii) coordination of the Work with the owners of such Underground Facilities during constntcliom and (iv) the safety and protection of all such Underground Facilities as provided in pamgmph6.20 oral repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23), identify the owner of such Underground Facility mud E1CDC GENERAL CONDIMOM 19104 (1990 Ednon) w/(]TY OF FORT COLLINS MODIFICATIONS OLEV V2000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility aril determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINTTEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground nd Facility as provided in paragraph 6.20. CONTRACTOR diall may be allowed an manse in the Contract Price or an extension of the Contract Times, or both, to the extent that they arc attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been et to be aware of or to have anticipated If OWNER send CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 1 i and 12. However, OWNER, F.NGiNFFR and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Points: 4A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no charges or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4,5. Asbestos, PCBs, Petroleum, liazarrkms Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawing or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4 -22-. j NTRACTOR shall immediately:-(i).stop all 'Fed by Had (ii)n9tily sitoh-nnotiee--tn--wntmg).---(-)W'IvER III-ix�Pt1Y consult with -ENGINEER concerning the-net.,-essity for OWNER to retain a qualified expert toevaluate such GONTRAET-GR--hall-nnot be required to resume Work flion-eF-in-any iced permits related thereto and env-r that -suchoonditiow;md-a ffinedareaAs or -has-been •.; :- 15 ] If Aw_ CONTRACTOR does tart agree to-resulna such work ....A. 1i'..�1. ...A... ......1. ..:..� conditions, then ;R may o a r FI etindition of in such afle 1e "Fork If 01194ER And. rnwiTp A/"fl1U earmet agree as to entitleme nt-toor-the amount or -extant of an wither-Perry-taay ntake�cleitniheraforasprwided in potion-of-the-Work-performed-by--OWNER's own force&or-others in accordance withmicle-7- Regulations;-GWAIF.'R—shill--indemnify-.-and _ hold harmk%%---CONTR-ACi'dR - Subcontractors, ONGRIF4R e?iTi02i5,--direuas:-- -eatploYees<—agents.-.-_ .other ixxrs Juints-and wI:iconrrnctcM -4-each-unit any -of them -from orad. against all cleans-eostk ldnses--tlnd damages eruuE-out-o€-or-rasukatg--hum--such hart ipst;-loss-or- damage -is-sunbutabl`to-8odify-injury, than LI-A 3X@iJi itself); including -the -loss of -use -resultirng--therefrom .and (ii) nothing- inthis subparagraph 45.4-shall-oblq ate OWNER-to-milemmfy-any pasarvia"may- from -and own neghger" paragraphs 43s; Petroleum; VC-ijJl0i0Aai--kna)Bt'e5etl aF RVARIAd At the Site VCOC GENERAL CONDITIONS 19105 (199D Edition) wl CITY OF FORT COLLINS MODIFICATIONS W- V 42000) ARTICLE S-HONDS AND INSURANCE Performance, Payment and Other Bonds.- 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Cattrad Documents. CONTRACTOR Shall also furnish such other Bads as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bands and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.1 If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, loth of which must be acceptable to OWNER. 5.3. Licensed Suretier and Insurers; Certificates of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5 4. OWNER -shall deliver to CGb additional - insured -identified -in -the-Supplementary re "":red to pvnGhas and-rrlsna in in soueFdarNew paragraphs 5.t-and$7 hereof CONMCTOR's Liability Insurance: 5.4- CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONiTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Wo& or by anyone for whose acts any of then may be liable: 5.4.1. claims under workere compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodih' injury, occupational siduxss or disease, a ath of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 54.4: claims for damages insured by customary tx-an}` edw Sen; 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5A to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive anal 5.4 9, include as additional usureds (subject to any customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; E)CUC GENERAL CONDITIONS 1910-8 (1999 E6tim) w/ U tY OF FORT COLLINS MODIRCAT IONS OLEV 411000) 5.410. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 631 through 6.33; 54.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been givers to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of instance furnished by the CONTRACTOR pursuant to paragraph 53.2 will so provide); 5.4.12. remain in effect at least until firral payment and at all times thereafter when CONTRACTOR mapp be correcting, removing or replacing defective Work in accordance with paragraph 13.12; and 5A.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter) 01VAER's Liability Insurance_! 5.5. In addition to insurance required to be provided by CONTRACTOR under panagmph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise Cron operations under the Contract Documents Property Insurance: 5-&—Uchess-otherwise-provided-in4he-Supplementary CgricGtions:--9WNiiR— -pared"--end--maintain of-the-full--repiacarmist-oust-ihereof-(sutsj to-stiEdt dwJucxibles -amounts -its-...may be prcwidad—at--the Supplementary- Conditions--or-required by -haws-and Rego kntions)-This ifswnntoo4*kU. 5:6:1--imolade--idre --interests of --OWNER; 994TRAGTO � & entities -identified in -the Supplementary -Con anions, each of whom is deenxd to havean i nsurebk�est mndshell be lis1ad as an insured nddtional in trexl; 3:6:-2—ba written-ot-e-Builrlrs'-s-d2-isle "era'-� -'�' or elamege-fe-tEtcWfitisewod- ead ixtorl in irer�ik ead hurll-{rsury againstit--lea st the fiAla..ing ..one.. fire, _lightning extended ooverage., theft: vandalise -aml-malicious mischief; P@Fiib US may be 5444-melude'-trpenws incurred in the repair a replaeementof eny-insured propery (including but not limited to fees and charges 9- architects} or At. Another -location thin was agread-to in wnling by QAqZR p6ef to be' 'I pinvuatfthat-such+nntartn{s-atrdaqutpntent ,wee tended &NGiNEElaml made Qkw thirty daTO mm.n notwo to PRAh her-odditirtturl ie....ed }-_ �+n>w�,., f1,*=u_•-a she!! „e- R;,d-,;,aiftwn-sueh-boiler as may -be -required --by the -Supplementary Conditions or R,l/`D!R9n.e!7. ns;' i•e,.•e and Any other petsam ar-0ntris deemed to have an i#E6 _. bl .:_. ....J ..L..11 t... I:.w..J .... An inAMAd OF AddltiMfll insured to be PURI'awd ER mamtaim4-byG Va4ER in accordance with paragraphs -54 coverageafforde -will-nos._ba_oenoel{ad or- materially chaagadoFranewa}-re€used-ur6tFat i�-thirty..�ys'-prieB writterF-'notice--'has-�><xre-'givrn-"to--E)VV�F3-'end whom-a-certiftcate of irtsumrtoa-ltax-been-issuad and will contain -waivar-- provisiom -in- -accordance-.. 'with P"FRE"Ph S. 11, S.9. OWNER shall not be reTurisble for plucklsint; and maintaff"T arty property insurance to protect the interests of CONTRACTOR Subcontractors or others in WentiGed-m-thelbpplemtntary Con ditiew The risk of i c-I t Amount, will be home such 40M'and -if-any-0f-them--wisees--prepoly-4nsuranw coverage -within -fix -limits -of -such amounts, -each -may purdtaseend meintainitat-the purchasa{sownex-penes. 5mt- --4f-CONTR--AC'rUR-requests-+n-writirg-ilmt-other ' and the est Awreo�w+l�beuhar rne...� ler �__lilnttart endment DsM-to VCDC OENERAI. CONDITIONS 191" (1990 E(hlim) 10 wI CITY OF FORT COLLINS MODIFICATIONS(kEV4R000) oommencematr4-of-t#ta-�VoFk ot-the'eifa; {)WN£sR-sha{{� 5.11.1. GVNERand[QG -i Iendthatall policiaspurchased inaescrdawwwithparagraphs5.t ends. Subcontractors: _ .ENGMRPE --_-24GINEER's 01 bewared=-or-additioruI.oe reds'in-srloh poli0"" and .. will ide ._ r _ L,._..,. "Rd damages-setr,ed Al such i_ar-,p.ginEiv ..f ..... I.,.... .,_ J........... the thd—Silak3reds -M against -- h _•r..._ and theirFe ..ram. r o nts far all losse, VL in- addai;l - 0 -a•1- �aah�fi&* again>< hNGW66p's Consultants end-all other pemons orwaitim identified lns'wsand- - v,ai-V s shA_J • the right_ that Any paM -ll- ._t _ . #:uslee ---- As - henvise payable under -any- -So issued14 2 IA Addition, OWNER oil fights agaltut - C-0NTRAETGR— Subcontractors, offroers,-dircI__ l ay'-4 them: for: of -rue er-ed-eonsequentialAoss extending beyond-daeeF-physcal-loss or damage --to GIANEW9 prop erisingcxttofor resulting-from-Greorothx peril; whatlwr-,orraA4nsumd by -OWNER. and 5 .1.32----loss or-davAW-to-the-oompletod resulting liom-lire or other -insured peril covered during- --partial--uti{imtion—ptustarnE—to pereEnph-14:14); -after-Substantial--CompletiEm pursuant to paragraph-14:S or after f nalpayment any twsb� .1.....age OF ,..._.._ _...•.e lus ai-lAe-evv�rrk�f-pay ge-ot ctorsequentiel-lass- iha--insurers-wtµ-have-na -riShts-af recovery -era nisi-any-of-f9N{U3 4)R� Subcontractors, Receipt andApplication oflnwranceProceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph5.13. OWNER stall deposit in a separate account anv motet/ so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired orreplaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall 1ject in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. if no such agreement among the parties in interest is react xd OWNER as fiduciary shall adjust and settle the loss with the insurers Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Btin k-or insurance required to be purchased and maintained by the other rart� CONTRACTOR in accordance with Article 5 on the basis of non-conformance with the Contract Documents. the ubjeetem-pertysheH-sa�rotify�heedxrperty OWN132 will npt4fy COIdCRAC�)t in writing within ten- {�gp drays after FaBalp# de1�4Cry of the certificates (or-<athar-eviderw�a requested) I4. Qom_?§ required by paragraph 2-'7. other -such addtional- infonnatiovt in respect -of -insurance provided ass -the ufher-rrtey-rwa,onab]y -request:—If-aither party -dots Trot -purchase or-maittairrell-ofthe Bondsand msumnce--required—of-such --party .by the -Contract prig to the Bordsor insurance to protect such -other party's- interestsat the axperne t-thaparty-whu was racpuired to provide such Contract Price Partial Utilization -Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a potion or portions of the Work prior to Substantial FJCDcOENEttAt. D01101TIOM 191" (t9so Edtion) a•/ CITY OF FORT COLUM MODtFiCATpoNS (REV 4r1000) Completion of all the Work such use or occupancy may be accomplished in accordance with paragraph 14.If1, provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any ZMes in coverage necessitated thereby. The insurers mg the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary eirctunstances. The superintendent will be CONTRACTOR' representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materiah-andEquipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Document& CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to he Performed on Saturday. Sunday. Holidays or outside the Regular Working Hews. ability of the bidder to provide future maintenance and service for the use of the subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. 6A Unless otherwise specified in the General Requirements, CONTRACTOR shall famish and assume full responsibility for all materials, equipment. labor, transportation construction equipment and machinery, tools, appliances, fuck power, light, heat, telephone, water, sanitay facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Rick Management Division or the City Clerk's office. 64.2 Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suvDliers and Producers of cement or products containing- cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required test,.) as to the kind and quality of materials and equipment. All materials and equi ent shall be applied, trtstalled, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Se&edule. 6.6. CONTRACTOR shall adhere to the progress schedrk established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragmph2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Tvlilestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Mlestottes) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutesand"Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the tame of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description EJCDCc3ENEFLe CONDIliON3191" (1990 Edition) 12 w/ CITY OF FORT OOLU NS MODIFICATIONS (REV 42000) contains or is followed by words reading that no like, equivalent or "or -equal' item or no substitution is permitted other items of material or equipment or material or equipment of other Suppliers may be accepted by 1 NIGINEER under the following circumstances: 6.7.1.14 "Or -Equal". If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or-equW item, in which case review and approval of the proposed item may, in ENGINF.ER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items 6.7.1.2. Subninlule Items.* if in ENGINEER$ sole discretion an item of material or equippment proposed by CONTRACTOR does not cNaltfy as an "or -equal" item wider subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow F,NGTNFF.R to deterriine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and ac ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall fin make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the e."ctent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance oC the substitute for use in [be Work will require a change in any of the Contract Documents (or m the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all casts or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the pr sect substitute. ENGINEER may r�quue Co RACTOR to furnish additional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expanse. 6.7.2. SId» iittrte Constnation Methods or Procedures: If a rific means, method• technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINF.ER's sole discretion, to determine that the substitute proposed is egtuvalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will he allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINE -ER will be the sole judge of acceptability. No "urcgua1. or substitute will be ordered, installed or utilized without ENGINEER'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fianish at CONTRACTOR' expense a special performance guarantee or other surety with respect to any "or -equal" or substitute, ENGINEER will record time required by ENGINEER end ENrGINEER's Corsultaras in evaluating substitutes proposal or submitted by CONTRACTOR pursuant to paragraphs 6.71.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for wok on the Project) occasioned thereby, Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Subcontractors, Suppliers and hers: 6.8.1. CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. EXIX OENM(& (VMnOM 1910-9 (1990 EWM) w/ MY OF FORT COLW M MODMCATIONS ('REV AROme) 6.9. CONTRACTOR shall nerfarn not less than 20 percent oC the Work yvith its own fordthat is thou u ntrac ' The Percent re uirorn shall be un to re es tothe Work the value o which totals not less than 20 percent of the Contract Price. 6.8.2. T-tha Supplenterattry-4Conditiom Bidd n Poct t etnts require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in edvenoe �f lhe-specrfied date prior to the Effective Date of the Aprerncnt for acceptance by OWNER and ENGINEER, —and —if G(44ll"rFOR has SUbMi 0d ft ''A theFC&F-411 atteefdame milt the Supplemefit OWNER's or ENCiINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such-Subsennaete basis of reasonable object on afteF due ..h:.6 Raw (X)NTUnr^IYIU Shan suhM:, Order ENUINEEK: No acceptance by OWNER or FR GANEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person at organization, nor shall it create any obligation on the pan of OWNER or ENGINEER l0 pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization cxcept as may otherwise be required by Laws and Regulations. OWNER or ENGINE ER may furnish to any subcontractor. supplier or other person or organization evidence of amounts paid to CONTRACTOR in aecerdance with CONTRACTORS "Applications for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or Furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through C ONTRACTOR- 6.10. The divisions and sections of the Specifications and the identificatiom of an Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be Performed by any specific trade. 6.11- All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an apq rate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terns and conditions of the Contract Documents for the benefit of OWNER and ENWNEF.R. Whenever I sted As Aft additional timfed on t}y +nsurstxrixovtded +n CONfRAC-FOR—arnd-dii-Subcontractor or Supplier -will III F1 1sE3GtN _And n1i er IMUFOEIN `-- All 10SW Find A ............... ...d L.. fil such __I e. «, appl etthleiA the Work, --lithe inswers orrtiny -such -policies -require 1 i•liArl'DA/�Tl1D ...:11 .3.,.,:.. i,o ..,... Patent Fees and Rgvalftes 6.12. CONTRACTOR shall pay all license fees and royalties and assume all casts incident to the use in the performance of the Work or the incorporation N the Work of any invention, design, process, prod ct or if which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, cents, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device no specified in the Contract Documents EJCDC GENERAL CONDITIOM 191M (1990 Edaim) 14 w/ CITY OF FORT COLLI NS MODIFICATIONS tt --V 42000) Pamirs 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses, OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licersses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 614, Laws andRegubdons. 6.14.1. CONTRACTOR shall give all notices and comply with all laws and Regulations applicable to fiumshing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACfOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or havtttg reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taws 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 615 L OWNER is exempt from Colorado State and local calks_. Md use tuns on_materials to be pemma rntly..l it,pgWrated into ft roject. Said taxes shall not be included m the Contract Price. Address - Colorado Department of Reverwe State Capital Annex 1375 Sherman Street Denver, Colorado 80261 Sales and Use Taxes for the State of Colorado Reeional Transportation District (RTD) and certain Colorado counties are collected by the State of olo d-Q-_lLnd are included in the Certification of Exemption. All applicable Sales and Use Taxes (includine State collected taxes), on any items other then construction and building materials vhvsically incorporated into the 'ea are to be id CONTRACTOR and are to tntluded in appropriate bid items. Use ofPrempses- 6.16 CONTRACTOR shall confine construction equipmem the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work Should any claim be made by any such owner or occupant lit -cause of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution OR proceeding or at law. CONTRACTshall, to the fullest extent permitted by Laws and Regulation-, indemnify and hold harmless OWNER, ENGINEER ENGMER's Consultant and arryone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action legal or equitable, brought by any such owner or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work At the completicm of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to ongiratl condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not Iced nor permit any par of any structure to be Iceded in any manner that will ar endanger the structure, oshall CONTRACTOR subject any part of the Work or adjacent property to stresses at pressures that will endanger it. Record Documents: ER,'DC OENERAL COFUMOM 191" (1990 E(lition) w1 CITY OF FORT C'OLU NS MODIFICATIONS (RLN 42000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings Specifications, Addenda. Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all charges made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for rcfaence. Upon completion Of the Work, and prior to release of final paymem them record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Pmreedon: 6.20. CONTRACTOR shall be responsible for initiating, maintain rig and supervising all safety precautions and programs in connection with the Wait. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 620.1. all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to be incorporated therein whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having j urisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, in ury or loss to any property referred to in paragral 6. 0.2 or 620.3 caused, directly or indirectly. in whole or in earl, by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whom acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or Icss attributable to the fault of [hawing or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligenoe of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). C,ONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has imned a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise eepressly provided in connection with Substantial Completion). Q21. Safety Representatrre: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for exrordinating arty exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER. is obligated to as to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action 624. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may regsire and in the number of copies specified m the General Require ents The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by para6zmph 626. 6.24.2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited ERDC GEVFRAL coianONm 191"o990 emtim) 16 wi CITY OF FORT COLLI NS MODIMCATIONS (MV 42000) purposes required by parapmph6.26. The numbers of each Sample to he submitted will be as specified in the Specifications. 6.25. Submittal Procedures. 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified. 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1 all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.3. all information relative to COMRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Sinop Drawings and Samples and with the regairemems of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give FNG]NEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and in addition, shall cause a specific notation to be made on each Shop Drawing and Sample s omitted to ENGTNEF,R ror review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawugs and Samples in accordance with the schedule of Shop Ihawmgs and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGMEER's review arced approval will be only, to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the recpuuzd number of corrected copies of Shop Drawings and svbmn as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corremons called for by ENGINEER on previous submittals. 6.27. ENGINEI3t's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGMER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6,28, Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed pxior to ENGINEER's review and approval of the Pertinent suM»ithnl will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of arry disputes or disagreements, except as permitted by paragraph 155 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTR4CTOR's General Warrantu' and Guarantee.• 6.30.1. CONTRACTOR warrants and guarantees to OWNER ENGINEER and ENGINEERN Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage causal by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in E1COC OEIERAL COKAMOM 191" (1990 Edtim) WI CITY OF FORT COLUM MODIFICATIONS OLEV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.11. observations by ENGINEER; 6.30.2.2. recommoadatiot of any progress or final payment by ENGINIMR; 6.3023. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.302 4. use or occupancy of the Work or any part thereof by OWNER; 6.30.235 any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7, any inspection, test or approval by others; or 6.30.2.8any correction of &feaive Work by OWNER. Indemnifimrian: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINIZR, ENGnUMR's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution teats) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), inducting the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, arty person or organization directly or indirectly employed by any of them to perform or furnish any of the Wok or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor. any Supplier, any or organnimbon directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any say by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers compensation acts, disability benefit ads or other employee benefit ads. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, eaurs or omissions of any of them. Swiinat ofObliga6om., 634 All representations, indemnifications, warranties and guarantees made in required by or given in accordance with the Contract Document-, as well as all continuing obligations indicated in the Contract Documents. will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles I I and 12 if CONTRACTOR believes that such performance will involve additional expose to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a patty to such a direct contract and each utility owner (rand OWNER, if OWNER is performing the additional work with OWNER'S employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts cane together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and rcsponsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC O6'MEOI CONJDITION5191" i I990 Editiml 18 w/ CITY OF FORT OOLLINS MODIFICATIONS IREV 4n000) provisions for the benefit of CONTRACTOR in said cluect contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRA(TOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect, such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTORS Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordiearion: 7.4. if OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.1 the specific matters to be covered by such authority and responsibility will be itemized; and 7A3- the extent of such authority and responsibilities will be provided. linlem otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8—OWNER'S RESPONMILTTIES 8.1, Except as otherwise provided in these General Conditions, OWNER shall issue all communication to CONTRACTOR throulghENGINEE . 8.2. In case of termination of the employment of ENGINEER., OWNER shall appoint an engineer against wi*sn+ RAGTOR-awakes no reas(meblr objection; whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required or OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph4.2 refers to OWNERS identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface con le ions at the site and drawings of physical conditions in exiling structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. fig forth in paragraphs 5.5 through 5:10: 86. OWNER is obligated to execute Change Orders as inducted in paragraph 10.4. 87. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13A. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.I. Paragraph 15.2 deals with OWNNER's right to terminate services of CONTRACTOR tinder certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, ire be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONfRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. red of revealed at -fie -site is Cnt.n'D AGTlID _..61- '.1- C 1 arrangements -.have been mask -to_ satis1y--0WNER!s .,6G.....:._,. _ 1 _ the rentraet D . ._ ._, GW R tespo sibi}ity-in-respect-thereof-will-be as set forth in -the Supplementary Conditions ARTICLE 9-ENC.1N'F.FR'S STATUS DURi[NG C0I? MUCTI0N OWAER's Represmiativc 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 1%nuiis to Site: 9.2. ENGINEER µill make visits to the site at intervals apppproropprinate to the various stages of construction as ]�1GINEER deems necessary in order to observe as an experienced and qualified design professional the progress ER:DC OENEM CONDITIONS 19108 (1990 Edticn) w/ CJ TY OF FORT COLLINS MODIFICATIONS OiEV 42000) that has been made and the quality of the various aspects of CONPRACTOR's executed Work. Based on information obtained during such visits and observations ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's of orts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defeelive Work. ENGINEER'S visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility .set forth in paragraph 9,13, and particularly, but without limitation during or as a result of ENGINEEt's on -site visits or observations of CONTRACfOR's Work ENGINEER will not supervise, dims, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representarive: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 _and 9.13 anil in the Sufflieme Conditions of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as 9.3.1. The Reoresentativds dealings in matters pertainim to the on -site work will in petneaal. be wlah the ENGINEER and CONTRACTOR But. the sentative will keep the OWNER propcl�+ advised about such mattens_The_ Re esenlafive's dealings with subcontractors will atilt be through or with..thg frill --knowledge and approval of the CONTRACTOR 9.3.2. ditties and Respursibilities Representative WE 1: 9.3.2.1.Schedules - Review the progress 19 schedule and other schedules preMred by the CONTRACTOR _ and consultw th the ENGINEER co cemutg accedabilih. 9 3 2 2 Conferences and Meeting - Attend meeting with the CONTRACTOR such as QreconstrttM_ ion co �,_progas__meetings and other icb conferences and prepare and circulate copies of mmntes of meetir s. 93.23. Liaison 9.3.23.1 Serve as ENGINFRIVS liaiscm with CONTRACTOR. working principally thrash CONTRACTORS super ntendent to assist the CONTRACTOR in tmderstan6m the Contract Do ument%. o 2 3 2 Assist in obtaining from OWNEK additional details or information, when required. for proper trecution of the Work. 9 3 2 3 3. Advise the h'NGIN-61,58 and CONTRACTOR of the commencement of any Work requiring a SbM Drawing or sompk submission if the submission has not bqL approved by the ENGINFFR $11AReview. . Work. Reiection of 1L kgff' g Work Ittspections and Tests - 9 3.2 4 1. Conduct on -site observations of the Work in pwi ass to ist the ENGINEER in determir»tn�that the Work is procexding in accordance with the Contract Documents. 9T3,24.3. Accompany_ visiting .inspectors rearesentina wblic or, other apertcies having, iu isdichon over the Project_record the rgju 3 of these inspections and report to the ENGINEER 9.3.2.5. Interpretation of Contract Documents. Reoert to ENGINEER when clarifications and tntenaetatiau of the Contract Documents are coded and transmitto CONTRACTOR clarification and interpretation of the Contract Documents as issued by the 17h IJa917 93.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions fw E1CDC OENERAL COND1110M 191" (1990 Et itim) 20 m' CITY OF FORT (-OLLINS MODIFICATIONS (REV 412000) modification in Drawings or Specifications and report these recommetiom to ENGINEER. Ace uately transmii to CONTRACTOR decisions issued by the ENGLt as 9.3.2.7. Records. 9.3,2 81 Furnish ENGM1 '$$_pgriodic rem as required, of the mess of the Wait and of the CONTRACTOR'S Mpli tllLlhE_W 8(ese schedule and schedule of shop Dravvmg and sample submittals. 211_LZ Cmg* with EN -QM- R iA advance of sRhedulittg majortest; insmaioru or start of important phases of the Work. 9.3 2.8.3. Draft proposed Change Orders and Work, Directive Changes, o ann backup material fiom the CONTRACTOR and recommend to ENGINEER Change Orders. Work Directive Clam and Geld orders 9.3.2.8.4. Report immet!a to 04GINEER and OWNER the cecurrena of any accident. 9 3 2 9 Peyment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for the submission and forward with recommendation to ENGINEER. not= particularly the relationship of the peym�rt _regtes to Or sche—&' Qf value. work completed and"' and caul err ent delivered at the site but not incorporated m the Wale. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items requ�ma correction or completion 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER. OWNER and CONTRACTOR and pr�re a final list of items to be corrected or completed. 9.3.2.10.3 Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authority' The Representative shall not: 93;31.___Authorize arg•deviations from the Contract Doen cumts or_ accept any substitute IStatuials or eauipTng� tt g� au Qtj3s�f2�Che ENGINEER 9.3.3.2. Exceed limitations of ENGINEERS aulliQM as set tom in the Contract Uocumertts. 9.3.3.3. Undertake any of_thc rra h titles of the CONTRACTOR. Subcontractors. or CQbBMACTQR1 sunet irttgq&pt. 9 3 3 4. Ise on 9L.j�ua d+reGiop� jf�@�yg to, or assume control over any aspect__pf the mealy methods. techniwes. seMgnces_or pocedtu�s Cor contraction w11S35��uch _iS specifically called for in the Contact Documents. 93.3.5. Advise an or issue directions reaar a assume cQ)= over P gty ge_cautiti ns annd_pdams in connections with the Wait. 93.3.6. Accept Shop Drawing or sample submittals from anyone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in whole 9.3.3.8. or in part. Participate in soccialized field or laboratory tests or 'trespections conducted ty others ecceot as specifically authon by the Clanfreations and Interpreladons: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the E1CDC GENERAL COMITI OM 1910-8 (1990 E(ition) a! UTY OF FORT C)LUNS MODIFICATIONS OLEU 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are ratable to agree to the amount or extent theroot if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or Article 12. Authorized Varialions in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an ac�ustmcnt in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contact Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes dud a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I i or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Pro'ect that conforms to the Contract Documents or that wit prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Strop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER' authoriry as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER' authority as to Change Orders, see Articles 10,11, and 12. 9.9. In connection with ENGINEERS authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.10. ENGINEER will determine the actual quantities and classificatias of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER' preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and for payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of arty such decision,, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from hNGINEER's decision and! (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR phrsumit to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to bNG1NELR's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Deasions on Dfsputec• 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initial! to ENGER INEin writing with a request for a formal %cision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter, The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last Submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing parry's submittal, if any, in accordance with this paragraph. ENGINEERS written decision on sueh claim, dispute or other matter will be fmal and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in Ekf1IB1T GC -A. "Dispute Resolution Agreem lent", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ir) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing patty may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such F.ICDC GENERUL CONDI71ONS 19108 (1990 Emtim) 22) ml CITY OF FORT COLGNS MODIFICATIONS(REV 4)2000) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragmphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable n connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have tender the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matterpuFsuant!a Ai:ude 16. 9.13. Limllations on ENGINEER's Authority and ResponaMlier.• 9.13.1. Neither- ENGINEER's authority or responsibility under this Article 9 or under arty other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of arty authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods. techniques, sequences or procedures or construction or the safety precaution and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the fan shing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier• or of any other person or organization performing or furnishing any of the Wok. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees. Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revision in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment a Change Order, or a Work Charge Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are tumble to agree as to the extern, if any, of an adjustment in the (contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Charge Directive, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Tunes with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Wok which are (i) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Wok under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.1 changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.41. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11: provided that, in lieu of executing any such Charge Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall tarry on the Wort: end adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Rice or Contract Times) is required by the provisions of any Bond to be given to a suretyry, the givirn* of any such notice will be CONTRACTOR'S responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE ILL The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without charge in the Contract Price. 11.2. The Contract price may only be changed by a Change Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the ]arty making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the cNim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Wok covered by a Charge Order or of any claim for an adjustment in the Contract Price will be determined as follows: l 1.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of E)CDC OENERAI. CONDITIONS 191e-8 (199a Ecfitiml 23 WICITY OF FORT COLUNS MODIFICATIONS OLEV 42000) paragraphs 11.9.1 through 11.93, inclusive): 11.3.2. where the Work involved is not covered by emit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 1 L6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.12, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost ofAe Work 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11A.1.P:tyroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their the spent on the Wait. Payroll costs shall include; btttiRx be limited to; salaries and wages plus the cost of Cringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' co npensation, health and retirtmmt benefits; --bonuses, applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services requued in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and rehtnds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors If required by OWNER, VCDCOEN6tw. CONDITIONS lvlo-s (1940 Editk n) 24 w7 CITY OF FORT COLLINS MODIFICAITONS (MV 42000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. 11 any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l I A, 11.5, 116 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11AA. Costs of special consultants (including but not limited to engineers, architects, testis laboratories, surveyors, attorneys and accountants employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following. 11.4.5.1. The pmpon.on of necessary transportation, traveland nd subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cast, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hard tools not owned by the workers, which arc consumed in the performance of the Work, and cast less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all curtimction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportaticrk loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11,4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and liceruses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise. sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the ne igence of CONTRACTOR, any Su tractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such lasses, damages and expenses shall be included in the Cost of the Work for the purTose of determining CONTRACTOR's fee. it however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2 11 A.5 7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.5- Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The terns Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineer.% architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR' office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EJCDC OENERAL MIUTIONS 191" (19" Editor) wf aTY OF FORT COLU M MODIFICATIONS O EY 412000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcrntracta, or anyone directly or indirectly employed by any of them or for whose acts any of them may be hable, including but not limited to, the correction of ckfective Work - disposal of materials or equipment wrongly supplied and making good any damage to property - !!,a 11.6.2.3- where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11,4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragrapbs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-o€4we-percent-o€4haanxard peid�o the -next -lower tier SuburonIracNon to be negotiated in eood faith with the OWNER (Zu ntot to exceed fiv_e�n-rcent of the amount paid to the next lower tier &b!;9MM__;m 11.6.2.4. no fee shall be payable on the basis of coats itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to live percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 117. Whenever the cast of any Work is to be 25 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an item ized cost breakdown together with supporting data. Cash xlt -ances: 1 I .S. It is understood that CONTRACTOR has included In the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxcs; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and ether expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price WOHL- 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Rice Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and deterrnining an initial Contract Rice. Determinations of the actual quantities and dassifications of Unit Price Work performed by CONTRACTOR will be trade by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be doomed to include an amount considered by CONTRACTOR to beadequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Rice in accordance with Article 11 if. 11.9.3.1. the quantity of any item of Unit price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; VCUCOEN UAL CONDITIONS 191"(1990E41ti9n) 26 col CITY OF FORT OOLUNS MODIFICATIONS(REV 412000) 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.93.4 CONTRACTOR acknowledges that the OWNER has the right to add on delete items in the Hid or change quantities at OWNER'S We discretion without affecaniz the Contract Price of any remaining_ item co Icing as the Iction or addition does not excood twerdv-five percent oC the original total Contract Rice. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. 'The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (hut in no event later than thirty days) after the occurrence of the even giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sbay days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be ucanpanied by the claimant's written statement that the adjusttent claimed is the entire adjustment to which the claimard has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Mtlestores) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if nor submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3- Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Ivlilestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or negled by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, firm floods, epidemic& abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any pail of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lest due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TFATS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCMANCE OF DEFECTIVE WORK 13.1- Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER ENGINEER ENGINEER's Consultants. other representatives arcs personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasomble- times for their observation inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Testsand Inspedions 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspectiom tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EUX OENEM CONDITIONS 191" (1990 Edtim) w/CIIY OF FORT COL.11M MODIFICATIONS (REV 411000) below shall be paid as provided in said paragraph 13.9; and 11A.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or -Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body,CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arrenging and obtaining and shall pay all costs in con ection with any inspectlWrs, tests or approvals required for OWNER's and ENGINEER'-, acceptance of matcriaLs or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shell be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncm,ering Work: 13.5. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEEWs observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inmssppeeccted or tested by others, CONTRACTOR at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question furnishing all necessary labor, material and equipment. If it is found diet such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, expcsurc, observation inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of (thers); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11. If, however, such Wcuk is not found to be defecrhk, CONTRACTOR shall be al lowed an increase in tin Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof. in" the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. CorreMon orRernarnl ofDefectbK Work: 13.11. if required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all casts of repair or replacement of work of ethers). 13.12. Correction Period- 13.12.1. If within one , two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNEWs written instructiom: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13,122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defecBve Work, (and damage to other EJCDC GENERA,. CONDITIOM 1910511990 E(fitim) 28 w( CITY OF FORTCOLUNS MODIFICATIONS MV 4Q000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be cxtended for an additional period of owsyear two year alter such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work., 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (anal, prior to ENGMEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims. costs, losses and damages attributable to OWNF.Rs evaluation of and determination to accept such defective Work (such casts to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINE''F.Rs recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with raped to the Work, and OWNER shall be entitled to an appropriate decrease in the Contend Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Coma Defective Wor*: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to carat defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construmon equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNERS reppresernativos, agents and employees, OWNER's other contractors and ENGINEER and ENGR4EERs Comtdtams access to the site to enable OWNER to exercise the rift is and remedies under this paragmph Allclams, costs, is and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Corttrad Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, lasses and damages will include but not be limited to all casts of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defecow Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14-PAYN ENTS TO CONTRACTOR AND COMPLETION Schedule of Ilawdw 14.1 The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed Appho2hon for Progress Payment 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CYAPPIRACTOR shall submit to ENGINLER for review an icationforPO1SfRAR coveringdateofication and amompanicd by such supporting documentation as is required by the Contract Occuments If paymem is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld. by the OWNER shall not be subtect to substitution by the CONTRACTOR with securities or env armM ments involvirg an escrow or custodiBy executing the application far RaXmvm form the CONTRACTOR expressly waives his rieht to the benefits of Colorado Revised Statutes Section 2-91.-101 et sea. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieabons for Progress Payment: 144. ENGINEER will. within ten clays after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 191" (1990 Edtim.) w/CITY Of FORT CDI.I.INS MODIFICATIONS (REV 4/2000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGIb1EER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with PNGArEERs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEFR's cn-site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point 'indicated, 14.5.1 the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous on -site inspections have been made to cheep ttte quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may riot be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGWEER's opinion to protect OWNER from lossbtcause: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Wok or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occrrence of arty of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because 14.75. claims have been made against OWNER on account of OONTRACTOR's performance or furnishing Of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended or 14.7.8, OWNIT2 has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2.1 throtrglt 15.2.4 inclusive. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR axrects to OWNER's satisfaction the reasons for such action. Skubaiantia[ Cornpltdort: 14.8. When CONTRACTOR considers the entire Wok ready for its untended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except or items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Wither a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER FXDC GENERAL CONDITIONS 19104 (1990 Edition) 30 w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provision of the certificate or attached list If, after consideriiip such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGDTMR's aforesaid recommendation will be binding on OWNER and CONTRACTOR until foal payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after tin date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial U66m6on: 14.10, Use by OWNER at OW `ER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (u)OWNER, ENGINEER and CONTRACTOR agree comtitutes a separately fwationing and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Wok subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. CONTRACTOR at any time may notify OWNER and ENG11N R in writing that CONTRACTOR considers any such pert of the Work ready for its intended use and substantially complete and request ENGRQEE2 to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of Completion If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph, 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.102. No occupancy or separate operation of part of the Wore: will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment 14.12. After CONTRACTOR has completed all such correction to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Batch, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for payment shill be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to foal payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be feed, and (ii) all payrolls, material and equipment bills, and other indebtedriess connected with the Work for which OWNER or OWNER.'s property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCDC OENEKAL CONDITION5191" 0 M E(ktW) w/ aTY OF FORT COLUM MODIFICATIONS (REV 42000) to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize p aMent are to be submitted on forms conform in¢ to the format of the O WNF-R'S standard forms bound in the Projgect manual Final Payment and Acceptance: 14.13. If, on the basis of ENGTNEER's observation of the Work during construction and final inspection, and ENGINEERN review of the fine Application for payment and aceomparrying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations Lauer the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same timeENG1NEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substarus and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to naraRraph 17.6.2 of these G.snssal Con�Stioalc 14.14 It: through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confnns. OWNER shall. upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining belance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Wok fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver ofClaints: 14.15. The making and acceptance of firal payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR except claims arising fron unsettled Liens, from defective Work appearing after 31